Amended proposal for a COUNCIL DIRECTIVE amending Council Directive 93/53/EEC introducing minimum Community measures for the control of certain fish diseases

(presented by the Commission pursuant to Article 250 (2) of the EC Treaty)

EXPLANATORY MEMORANDUM

On 10 September 1999 the Commission forwarded to the European Parliament and the Council a proposal for a Council Directive amending Directive 93/53/EEC introducing minimum Community measures for the control of certain fish diseases [COM(1999) 437 final]

This proposal aimed to organise in a more pragmatic way the control of Infectious Salmon Anaemia (ISA) by spreading the obligation to empty affected fish farms over a period in time to be determined by the competent authority in function of the local situation and under the respect of the general obligations contained in Directive 93/53/EEC. At the same time it was proposed to introduce the possibility for a vaccination against the disease.

The European Parliament, at its session of 1-2 March, approved the Commission proposal. A number of amendments were adopted by the Parliament. The present proposal aims to take account of certain of these amendments. In addition, the amended proposal also introduces a requirement that the scheme established by the official services for the withdrawal of fish should be approved by the Commission. This requirement aims to ensure a higher level of protection and address fears that the previous proposal did not provide sufficient safeguards in the absence of Commission approval.

1999/0191 (CNS)

Amended proposal for a COUNCIL DIRECTIVE amending Council Directive 93/53/EEC introducing minimum Community measures for the control of certain fish diseases

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission [1],

[1] OJ C

Having regard to the opinion of the European Parliament [2],

[2] OJ C

Having regard to the opinion of the Economic and Social Committee [3],

[3] OJ C

Whereas:

(1) Council Directive 93/53/EEC [4] lays down that, in order to control an outbreak of inter alia infectious salmon anaemia (ISA), all fish in an infected farm are to be immediately withdrawn.

[4] OJ L 175, 19.7.1993, p. 23; Directive as amended by the Act of Accession of Austria, Finland and Sweden.

(2) In May 1998, an outbreak of this disease occurred in Scotland, involving a number of sites that are infected or are suspected of being infected.

(3) Experience gained has shown that it is possible to spread the withdrawal over a period of time, without impairing the efforts to eradicate the disease.

(4) A vaccination policy may offer a new tool for controlling and containing ISA after an outbreak; at present no such option is provided for under Community legislation.

(5) It is desirable to investigate fully the source of ISA, possible spread of the disease and the interchange between farmed and wild salmon.

(6) No Community compensation has been made payable to salmon farmers for the compulsory withdrawal of entire salmon farms under Council Directive 93/53/EEC.

(7) Given the current state of scientific and technical evidence Directive 93/53/EEC should therefore be amended accordingly.

(8) Directive 93/53/EEC should therefore be amended accordingly,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Directive 93/53/EEC is hereby amended as follows:

1. The first indent of point (a) of Article 6 is replaced by the following text:

"- all fish shall be withdrawn in accordance with a scheme established by the official service and approved by the Commission in accordance with the procedure laid down in Article 19."

2. Paragraph 1 of Article 14 is replaced by the following text:

"1. Vaccination against list II diseases in approved zones, in approved farms situated in non-approved zones or in zones or farms which have already begun the approval procedures laid down by Directive 91/67/EEC shall be forbidden. The procedures for vaccination in case of an outbreak of list I diseases shall be specified in the contingency plans referred to in Article 15(1)."

Article 2

Member States shall bring into force the laws, regulations and administrative provisions to comply with this Directive by 31 December 1999. They shall forthwith inform the Commission thereof.

They shall apply those provisions from 1 January 2000.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field covered by this Directive. The Commission shall inform the other Member States thereof.

Article 3

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.

Article 4

This Directive is addressed to the Member States.

Done at Brussels,

For the Council

The President