# Commission Implementing Decision of 14 January 2014 amending Decision 2010/221/EU as regards national measures for preventing            the introduction of certain aquatic animal diseases into parts of Ireland, Finland, Sweden and the United Kingdom (notified            under document C(2014) 26) (Text with EEA relevance) (2014/12/EU)         

        - Previous
        - Next

U.K.

# Commission Implementing Decision

# of 14 January 2014

# amending Decision 2010/221/EU as regards national measures for preventing the introduction of certain aquatic animal diseases                        into parts of Ireland, Finland, Sweden and the United Kingdom                     

# (notified under document C(2014) 26)

# (Text with EEA relevance)

# (2014/12/EU)

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 43(2) thereof,                        

Whereas:

(1)Commission Decision 2010/221/EU(2) allows certain Member States to apply placing on the market and import restrictions on consignments of those animals in order                              to prevent the introduction of certain diseases into their territory, provided that they have demonstrated that their territory,                              or certain demarcated areas of their territory, are free of such diseases. In addition, Member States which have an approved                              eradication programme may apply the same restrictions until 31 December 2013.

(2)Decision 2010/221/EU provides that the Member States and parts thereof listed in Annex I thereto are to be regarded as free                              from the diseases listed in that Annex. In addition, Decision 2010/221/EU approved the eradication programmes adopted by certain                              Member States in respect of the areas and the diseases listed in Annex II thereto. That Decision also approved the surveillance                              programmes regarding ostreid herpes virus 1 μvar (OsHV-1 μvar) adopted by certain Member States in respect of the areas set                              out in Annex III thereto.

(3)Certain continental parts of the territory of Finland and all the continental parts of the territory of Sweden are listed                              in Annex II to Decision 2010/221/EU as territories with an approved eradication programme as regards bacterial kidney disease                              (BKD).

(4)The coastal parts of the territory of Sweden are listed in Annex II to Decision 2010/221/EU as having an approved eradication                              programme as regards infectious pancreas necrosis virus (IPN).

(5)Finland has reported to the Commission that progress has been made in the eradication programme for BKD. Since 2012 no new                              BKD outbreaks have been detected in the area subject to the BKD eradication programme. Two farms, however, remain under restrictions                              since they are still in the process of cleaning and final testing to confirm their disease-free status with regard to BKD.                              In view of that, Finland has requested the extension of the period during which it may apply placing on the market and import                              restrictions as set out in Decision 2010/221/EU on consignments of certain aquaculture animals introduced into areas of its                              territory subject to an eradication programme with regard to BKD, in order to be able to finalise the approved eradication                              programme.

(6)Sweden has reported to the Commission that during the last 3 years of surveillance in the areas subjected to the approved                              eradication programme only one farm has tested positive as regards BKD. That farm has since been emptied and cleaning and                              disinfection are currently being carried out. In view of that situation, Sweden reported that the BKD status of the area of                              its territory listed in Annex II to Decision 2010/221/EU will be evaluated in 2014. Consequently, Sweden has requested the                              extension of the period during which it may apply placing on the market and import restrictions as set out in Decision 2010/221/EU                              on consignments of certain aquaculture animals introduced into the areas of its territory subject to an eradication programme                              with regard to BKD, in order to be able to finalise the approved eradication programme.

(7)On the basis of the information provided by Finland and Sweden, it is appropriate to extend the period during which those                              Member States may apply placing on the market and import restrictions as set out in Decision 2010/221/EU. However, taking                              into account that eradication has not yet been completely achieved despite the fact that the national eradication programmes                              have been implemented for a considerable period, the appropriateness of the national measures needs to be re-evaluated. The                              possibility to apply those restrictions should therefore be extended by 2 more years, in order to allow for such re-evaluation.

(8)As regards IPN, both Finland and Sweden have asked for an evaluation of the further approach and scope of the surveillance                              and eradication programmes for that disease. At current situation the definition of IPN has been interpreted to include all                              genogroups of IPN-virus. Only strains of IPN-virus genogroup 5 are known to cause mortality and clinical disease in farmed                              salmonids in Europe, and other genogroups should therefore not be included in those eradication programmes. A decision on                              this issue can, however, only be made on the basis of a comprehensive scientific evaluation. Until such evaluation is completed,                              it is appropriate to prolong the ongoing IPN eradication programmes. The possibility to apply placing on the market and import                              restrictions as set out in Decision 2010/221/EU should therefore be extended by 2 more years also for this purpose.

(9)Annex III to Decision 2010/221/EU currently lists nine compartments in the territory of Ireland with an approved surveillance                              programme as regards ostreid herpesvirus 1 μvar (OsHV-1 μvar).

(10)Ireland has notified to the Commission the detection of OsHV-1 μvar in three of those compartments, namely compartment 8,                              Dunmanus Bay, compartment 9, Kinsale Bay and Ballylongford Bay of compartment 6. Consequently, the compartments 8 and 9 should                              be deleted from the list in Annex III to Decision 2010/221/EU and the geographical demarcation of compartment 6 in that list                              should be amended.

(11)The United Kingdom has notified to the Commission a declaration of freedom from OsHV-1 μvar for the entire coast of the United                              Kingdom including Guernsey, except for Whitstable Bay in Kent, Blackwater estuary in Essex and Poole Harbour in Dorset. Larne                              Lough in Northern Ireland is also included in that declaration. That declaration complies with the requirements for a declaration                              of freedom of disease laid down in Directive 2006/88/EC. Accordingly, the territory of the United Kingdom except Whitstable                              Bay, Kent, Blackwater estuary, Essex, and Poole Harbour in Dorset, Dundrum Bay, Killough Bay, Lough Foyle, Carlingford Lough                              and Strangford Lough Bay in Northern Ireland should be declared free of ostreid herpes virus 1 μvar (OsHV-1 μvar).

(12)Article 3(2) of the current Decision 2010/221/EU limits the authorisation to apply certain national measures in accordance                              with Article 43 of Directive 2006/88/EC in time until 31 December 2013. In order to avoid any disruption in the application                              of these measures, the proposed amendments should apply from 1 January 2014.

(13)Decision 2010/221/EU should therefore be amended accordingly.

(14)The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain                              and Animal Health,

HAS ADOPTED THIS DECISION:

# Article 1U.K.

Decision 2010/221/EU is amended as follows:

in Article 3(2), the date ‘31 December 2013’ is replaced by ‘31 December 2015’;

Annexes I and III to Decision 2010/221/EU are amended in accordance with the Annex to this Decision.

# Article 2U.K.

This Decision shall apply from 1 January 2014.

# Article 3U.K.

This Decision is addressed to the Member States.

Done at Brussels, 14 January 2014.

*For the Commission*                            

Tonio Borg                            

*Member of the Commission*                            

## ANNEXU.K.

Decision 2010/221/EU is amended as follows:

Annex I to Decision 2010/221/EU is replaced by the following text:

### ANNEX I**Member States and areas regarded as being free of diseases listed in the table, and approved to take national measures to                                    prevent the introduction of those diseases in accordance with Article 43(2) of Directive 2006/88/EC**

Annex III to Decision 2010/221/EU is replaced by the following text:

### ANNEX III**Member States and areas with surveillance programmes regarding ostreid herpes virus 1 μvar (OsHV-1 μvar), and approved to                                    take national measures to control that disease in accordance with Article 43(2) of Directive 2006/88/EC**

1

OJ L 328, 24.11.2006, p. 14.                           

2

Commission Decision 2010/221/EU of 15 April 2010 approving national measures for limiting the impact of certain diseases in                              aquaculture animals and wild aquatic animals in accordance with Article 43 of Council Directive 2006/88/EC (OJ L 98, 20.4.2010, p. 7).