Proposition de DIRECTIVE DU CONSEIL modifiant pour la seconde fois la directive 91/67/CEE relative aux conditions de police sanitaire régissant la mise sur le marché d' animaux et de produits d' aquaculture
Date: 1994-09-22
Institutions: European Commission
Subjects: animal disease, aquaculture, fish farming, health control, marketing

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. 

This Directive Is addressed to the Member States. 

ftrtWt  4 

Done at Brussels, 

For the Commission, 

••.fr*2:*o&jfMHWwaoi**tAJ5 

COM(94) 396 final 

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