COMMISSION DECISION of 25 July 1995 laying down the animal health conditions and the certification requirements for the importation from third countries of Crassostrea gigas for relaying in Community waters (Text with EEA relevance) (95/352/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard 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), as last amended by the Act of Accession of Austria, Sweden and Finland, and in particular Articles 19 (4), 20 and 21 thereof,
Whereas Crassostrea gigas is the main oyster species farmed in the Community thus representing an important economic factor and an important source of income for persons working in the aquaculture sector;
Whereas certain diseases exotic to the Community prevail in third countries which could, when introduced in the Community, have devastating effects for the oyster growing sector;
Whereas the introduction of such diseases must be prevented;
Whereas the risk of introducing diseases is highest when introducing oysters for relaying in Community waters; whereas, in the absence of appropriate disinfection methods for residual water of holding and purification tanks for for oysters, the same risk exists when introducing oysters which are temporarily kept in such facilities before consumption on the territory of the Community;
Whereas therefore the animal health conditions, the veterinary certificates and the third countries from which Crassostrea gigas can be introduced for relaying must, awaiting information on the zoosanitary situation and on the organization of the inspection services of third countries not yet listed, be a provisional one;
Whereas the inadvertent importation of other mollusc species in consignments of Crassostrea gigas is a considerable disease risk; whereas consignments must be checked before dispatch to avoid this;
Whereas this Decision shall apply without prejudice to the public health conditions established under Directive 91/492/EEC laying down the health conditions for the production and the placing on the market of live bivalve molluscs (2);
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
Member States shall authorize imports of molluscs belonging to the species Carassostrea gigas for relaying in Community waters, or for reimmersion in purification centres in contact with Community waters, from the countries listed in Annex I, provided that:
1. the following import conditions are met:
(a) they must have been submitted on the day of loading to a check in order to verify whether they satisfy the requirements laid down in Article 3, point 1 of Directive 91/67/EEC;
(b) they must have been raised during their entire life cycle and have been harvested in the national waters of the country of origin;
(c) they must originate in a zone which has been declared free, by the competent authority, of the diseases Mikrocytos mackini and Oyster Velar Velum Disease, in accordance with the sampling procedures and diagnostic methods laid down in Annex II and in which there are no other significant diseases of bivalve molluscs excluding marteiliosis (Marteilia refringens) and bonamiosis (Bonamia ostreae);
(d) they must, before loading, have been checked for the absence of bivalve molluscs of any other species in accordance with the procedures laid down in Annex III.
2. they are accompanied by an animal health certificate the model of which is laid down in Annex IV.
Article 2
This Decision shall apply from 1 October 1995.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 25 July 1995.