COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(93) 281 final 
Brussels, 16 June 1993 
Amended proposal for a 
COUNCIL DIRECTIVE 
introducing Community measures for the control of 
certain fish diseases 
(presented by the Commission pursuant to Article 149(3) 
of the EEC-Treaty) 
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EXPLANATORY MEMORANDUM 
On 19th June 1992 the Commission presented the Council with a 
a Directive introducing Community measures for the control of 
diseases^). proposa I for 
certain fish 
in the light of the opinion of the European Parliament at its meeting on 
21st April 1993 the Commission has decided, pursuant to Article 149(3) of 
the Treaty, to amend its original proposal. 
Amendments 2, 3, 4, 7, 8, 9, 11 and 12 have been accepted by t^ie Commission 
at the plenary session. 
Amendments 1, 5, 6 and 10 have been rejected by the Commission. These 
amendments go beyond the scope and the legal context of the proposal. 
(1) O.J. N' C 172, 08.07.1992. p. 16 
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Amended proposal for a 
fflWr" DIRECTIVE 
introducing Community measures for the control 
of certain fish diseases 
On 19 June 1992 the Commission presented the above proposal to the Council. 
In the light of the opinion of the European Parliament at its meeting on 21 
April 1993 the initial proposal is amended as follows: 
1. The following Recital 1a is added: 
"Whereas diseases affecting farmed fish can contaminate fish living in 
the natural environment (and vice versa);" 
2. The following Recital 2a is added: 
"Whereas measures to control diseases should be implemented in a spirit 
of affording protection to the economic sector of aquaculture by limiting 
any constraints on the pursuit of activities in that sector to the 
minimum strictly necessary and in particular by not restricting the use 
of the aquaculture products concerned as food products in the absence of 
an established risk to public health;" 
3. The fourth recital is replaced by the following: 
"Whereas an outbreak of such diseases can quickly take on epizootic 
proportions, causing mortality and disturbances on a scale liable to 
reduce severely the profitability of aquaculture and fisheries;" 
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4. Article 2(3) is replaced by the following: 
"3) fish suspected of being infected: fish showing clinical signs or 
post-mortem lesions and positive reactions in laboratory tests 
indicating the possible presence of a list I or II disease, as well 
as fish found upstream or downstream of farms on which affected fish 
have been identified;" 
5. The second indent of Article 6(1)(a) is replaced by the following: 
"- all live fish must be destroyed. The marketing or processing for 
human consumption of fish, or parts thereof, or of fish eggs, shall 
be subject to authorization by the official service, which shall 
ensure that these operations are carried out in conditions such as 
to prevent the spread of pathogens; in that event, fish, the offals 
of fish, and unused eggs or gametes must be destroyed or submitted 
to a treatment which inactivates disease-causing agents possibly 
present therein;" 
6. Article 10(3) is replaced by the following: 
"3. In cases where the presence of a list II disease is officially 
confirmed, the movement of fish, parts thereof, eggs or gametes from 
that farm on public or private roads is prohibited. However, removal 
of live fish or eggs from such farms can be permitted if they are 
being transported to another infected farm or to a slaughter 
premises for the purpose of immediate slaughter or for marketing or 
processing for human consumption in conditions such as to prevent 
the spread of pathogens, such transport being authorized by the 
official service. The slaughter offals must be submitted to a 
treatment enabling the destruction of disease-causing agents." 
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7. The following paragraph 5 is added to Article 11: 
"5. The Commission sha11 ensure that approved laboratories in Member 
States have at their disposal the technical equipment and qualified 
staff necessary for implementing this Directive. It may propose that 
training or qualification programmes be organized to that end." 
8. The following Article 12a is added after Article 12: 
"Article 12a 
Where implementation of the eradication measures subjects fish farms 
generally in the same water catchment area or coastal area to exceptional 
charges for an extended period Member States may undertake to cover, in 
whole or in part, the costs of implementing those measures, of 
reconstituting stocks, or of compensation for loss of business incurred. 
Member States shall notify their decisions to the Commission." 
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ISSN 0254-1475 
COM (93) 281 final 
DOCUMENTS 
EN 03 
Catalogue number : CB-CO-93-312-EN-C 
ISBN 92-77-56792-9 
Office for Official Publications of the European Communities 
Iv-2985 Luxembourg