COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(94) 396 final 
Brussels, 22.09.1994 
Proposal for a 
COUNCIL DIRECTIVE 
amending for the second time Directive 91/67/EEC concerning the 
animal health conditions governing the placing 
on the marlcet of aquaculture animals and products 
(presented by the Commission) 
EXPLANATORY MEMORANDUM 
In accordance with the procedures laid down in Article 6 of Council Directive 
91/67/EEC concerning the animal health conditions governing the placing on the 
marlcet of aquaculture animals and products^1) as amended by Directive 
93/54/EEC(2), Member States may submit to the Commission a request in order 
to obtain approved status for fish farms. Such farms are officially free of 
infectious Haematopoietic Necrosis and Viral Haemorrhagic Septicaemia, two 
diseases causing important losses in aquaculture. When submitting such a 
request, the Member States must respect certain conditions laid down in Annex 
C,I,A of Directive 91/67/EEC. Practical experience has shown that there is a 
need to define these conditions more clearly. 
The present proposal aims at defining more clearly the conditions applicable 
to the water supply of the farms, so as to take account of farms which are 
supplied by a well or spring water not directly originating on the farm, in 
addition, this proposal will allow Member States to take account of local 
situations and evaluate whether the topographical situation of the farms does 
not prejudice the protection against the introduction of disease. Finally, 
this proposal defines the criteria to be applied to farms which are requesting 
the approved status on the basis of a long history of absence of disease. 
(1) O.J. No. L 46 Of 19.2.1901, p. 1 
(2) O.J. No. L 17S Of 19.7.1993, P, 34. 
3 
Proposal for a 
COUNCIL DIRECTIVE 
Of 
amending for the second time Directive 91/67/EEC concerning the 
animal health conditions governing the placing 
on the market of aquaculture animals and products 
THE COUNCIL OF THE EUROPEAN UNION 
Having regard to the Treaty establishing the European community, 
Having regard to Council Directive 91/67/EEC concerning the animal health 
conditions governing the placing on the market of aquaculture animals and 
products*1>, amended by Directive 93/54/EEC<2), and in particular Article 25 
paragraph 2 thereof; 
Having regard to the proposal from the Commission; 
Whereas farms, although situated in a non approved zone with regard to 
Infectious Haematopoietic Necrosis (IHN) and Viral Haemorrhagic Septicaemia 
(VHS), may in accordance with the requirements laid down in Annex C, I, A of 
Directive 91/67/EEC, obtain the approved status with regard to the said 
diseases; 
Whereas it appears necessary, In order to ensure a better protection against 
the introduction of IHN and VHS, to define more precisely the criteria which 
must be applied for granting the approved status to fish farms; 
Whereas these criteria must include details on the water supply of the farms, 
on the level of testing carried out prior to the approval of the farm, and on 
protective measures against the possible introduction of disease; 
(1) O.J. No L 46 Of 19.2.91, p 1. 
(2) O.J. No L 175 of 19.7.93, p 34. 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
In Directive 91/67/EEC, Annex C,I,A is replaced by the following text: 
"A. Grant of approval. 
In order to be approved, a farm must meet the following requirements: 
1. Water must be supplied by a well, a borehole or a spring. Where such water 
supply is situated at a distance from the farm, the water must be supplied 
directly to the farm, and be channeled through a pipe or, with the 
agreement of the official service, via an open channel if it does not 
constitute a source of infection for the farm. The water channel must be 
under th© control of the farm. 
2. There must be a natural or an artificial barrier preventing migrating fish 
situated downstream to ©nt<er the farm. 
3. It roust b© protectee! agsinst flooding and infiltration of surface water. 
4. It must, mutatis mutandis, comply with the requirements set out in Annex 
B,I,B. Where the approval on the basis of a historical record of absence 
of the disease is requested, an official disease control system must have 
been in place in the farm for an extended period of at least 10 years 
during which: 
- the farm has been submitted regularly to a health inspection consisting 
at least of a clinical inspection and the taking of samples to be tested 
for the pathogens in question in an approved laboratory, 
- a disease notification system has been applied, 
- only live fish or eggs from a farm of at least the same health status 
have been introduced. 
V_T 
5. It may be the subject of additional measures imposed by the official 
service, when considered necessary to prevent the introduction of diseases. 
Such measures may include the establishment of a buffer zone around the 
farm in which a monitoring programme is carried out, and the establishment 
of a protection against the intrusion of possible disease carriers." 
Article 2 
The Member States shall bring into force the laws, regulations and 
administrative provisions necessary to comply with this Directive before 1 
April 1995. They shall notify the Commission thereof. 
When Member States adopt these measures, they shall contain a reference to 
this Directive or snail be accompanied by such reference on the occasion of 
their official publication. The methods of malcing such a reference shall be 
laid down by the Member States. 
Article 3 
This Directive shall enter into force 20 days after its publication in the 
Official Journal of the European Communities. 
ftrtWt 4 
This Directive Is addressed to the Member States. 
Done at Brussels, For the Commission, 
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COM(94) 396 final 
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