COMMISSION REGULATION (EC) No 719/2009  
of 6 August 2009  
amending Regulation (EC) No 1251/2008 as regards 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 establishing 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 health 
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 introduced into 
the Community only from third countries or parts of 
third countries that appear on a list drawn 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 aqua ­
culture 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 
States 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 Directive 
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 epidemi ­
ological data related to those animals is made available 
to all OIE members.  
(4) Annex III to Regulation (EC) No 1251/2008 lays down a 
list of third countries, territories, zones or compartments 
from which imports are permitted of aquaculture animals 
intended for farming, put and take fisheries and open 
ornamental 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 intended for closed 
ornamental facilities.  
(5) The Secretariat of the Pacific Community (SPC) is an 
international 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 Agreement 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 between both parties for the development, 
maintenance and distribution of a Regional Animal 
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 the OIE are able to upload 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 Article 11(2) of 
Regulation (EC) No 1251/2008, in order to authorise 
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 crustaceans, intended for closed ornamental 
facilities also from third countries and territories that are 
not members of the OIE but have an official agreement 
with that organisation in order to participate in its 
information network for animal health and aquatic 
animal health.  
(10) The United States have confirmed that Puerto Rico, US 
Virgin Island, American Samoa, Guam and Northern 
Mariana Islands are considered territories of the United 
States and the competent authority of the United States is 
responsible for notification of animal diseases to the OIE.EN L 205/10 Official Journal of the European Union 7.8.2009  
( 1 ) OJ L 328, 24.11.2006, p. 14.  
( 2 ) OJ L 337, 16.12.2008, p. 41.(11) Annex III to that Regulation should also be amended 
accordingly, to include the relevant SPC members.  
(12) Pursuant to Council Directive 91/67/EEC of 28 January 
1991 concerning the animal health conditions governing 
the placing on the market of aquaculture animals and 
products (  1 ), 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.  
(13) While Directive 91/67/EEC was in force, imports from 
the United States of crustaceans for farming, put and take 
fisheries, 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 for 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 
verify 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 Regulation 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 susceptible species 
to any of the diseases listed in Part II of Annex IV to 
Directive 2006/88/EC, and ornamental molluscs and orna ­
mental 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 Organisation for Animal 
Health (OIE); or  
(b) are listed in Annex III and have a formal agreement with 
the OIE to regularly submit information concerning their 
animal health status to the members of that organi ­
sation.’  
2. Annex III is replaced by the text in the Annex to this Regu ­
lation.  
Article 2  
This Regulation shall enter into force on the 20th day following 
its publication in the  Official Journal of the European Union . 
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, 6 August 2009.  
For the Commission  
Androulla VASSILIOU  
Member of the CommissionEN 7.8.2009 Official Journal of the European Union L 205/11  
( 1 ) OJ L 46, 19.2.1991, p. 1.ANNEX  
‘ANNEX III  
LIST OF THIRD COUNTRIES, TERRITORIES, ZONES OR COMPARTMENTS  ( 1 ) 
(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 Canada  X  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 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 countryEN L 205/12 Official Journal of the European Union 7.8.2009  
( 1 ) According to Article 11 ornamental fish which are not of species susceptible to any of the diseases listed in Part II of Anne x IV to 
Directive 2006/88/EC, and ornamental molluscs and ornamental crustaceans, intended for closed ornamental facilities, may also b e 
imported into the Community from third countries or territories that are members of the World Organisation for Animal health (O IE).Country/territory  Aquaculture Species  Zone/Compartment  
ISO-code  Name  Fish  Molluscs  Crustaceans  Code  Description  
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  
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 countryEN 7.8.2009 Official Journal of the European Union L 205/13Country/territory  Aquaculture Species  Zone/Compartment  
ISO-code  Name  Fish  Molluscs  Crustaceans  Code  Description  
US United States (  H ) 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 Penn ­
sylvania  
X 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 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 ulcerative 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 ulcerative 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 I V 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 follow ing the 
conclusion of the negotiations currently 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 Ann ex IV to 
Directive 2006/88/EC, and ornamental molluscs and ornamental crustaceans, intended for closed ornamental facilities. 
( H ) For the purposes of this Regulation United States includes Puerto Rico, U.S. Virgin Islands, American Samoa, Guam and Norther n 
Mariana Islands.’EN L 205/14 Official Journal of the European Union 7.8.2009