Council Directive 98/45/EC of 24 June 1998 amending Directive 91/67/EEC concerning the animal health conditions governing the placing on the market of aquaculture animals and products
Date: 1998-06-24
Institutions: Council of the European Union
Subjects: animal product, aquaculture, fishery product, health legislation, live animal, marketing

L 189/12

EN

Official Journal of the European Communities

3. 7. 98

COUNCIL DIRECTIVE 98/45/EC

of 24 June 1998

amending 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, and in particular Article 43 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parlia-
ment (2),

Having regard to the opinion of the Economic and Social
Committee (3),

91/67/EEC (4)

the
Whereas Directive
Community rules governing the placing on the market of
in particular, of
aquaculture animals for the purpose,
avoiding the spread of certain serious diseases;

down

laid

Whereas the diseases set out in list III of Annex A of the
said Directive, including gyrodactylosis, can have serious
economic repercussions if they break out in a region
which was previously disease free;

Whereas consequently it
the
spread of the said diseases by strengthening the provisions
currently applied;

is necessary to prevent

Whereas it is necessary to ensure that the placing on the
market of fish from a non-approved zone does not pre-
judice the health status of non-infected farms situated in a
non-approved zone; whereas this can be achieved through
certification of
intra-
Community trade;

consignments

intended

for

Whereas it is necessary to adapt certain provisions as
regards the frequency of inspections and sampling and
testing requirements for fish diseases to international
standards,

‘1. Where a Member State considers that its territory
or part of its territory is free from one of the diseases
listed in Annex A, column 1, of List III, it shall submit
to the Commission appropriate justifications setting
out in particular:

(cid:190) the name of the disease and the previous history of

its occurrence in that Member State,

(cid:190) the results of surveillance testing based on serolog-
ical, virological, microbiological or pathological
findings, or identification of the parasite, as appro-
priate, and on the fact that the disease is compul-
sorily notifiable to the competent authorities,

(cid:190) the period over which the surveillance was carried

out,

(cid:190) the control arrangements for verifying that the area

concerned remains free from the disease.

The Commission shall define, in accordance with the
procedure laid down in Article 26, general criteria to
ensure uniform implementation of this paragraph.

2.
The Commission shall examine the justifications
communicated by the Member State and, in accord-
ance with the procedure laid down in Article 26,
define the zones that are to be regarded as free from,
and the species that are susceptible to, the disease in
question, and the additional guarantees, general or
specific, which may be required for the introduction of
aquaculture animals and products into those areas.
Live fish, shellfish or crustaceans and if appropriate,
their eggs and gametes, introduced into such zones
must be accompanied by a movement document,
corresponding to a model to be drawn up in accord-
ance with the procedure laid down in Article 26, certi-
fying that they comply with such additional guaran-
tees.';

HAS ADOPTED THIS DIRECTIVE:

Article 1

Directive 91/67/EEC is amended as follows:

1. in Article 13, paragraphs 1 and 2 shall be replaced by

the following:

(1) OJ C 242, 21. 8. 1996, p. 9.
(2) OJ C 362, 2. 12. 1996, p. 314.
(3) OJ C 56, 24. 2. 1997, p. 28.
(4) OJ L 46, 19. 2. 1991, p. 1. Directive as last amended by

Directive 97/79/EC (OJ 24, 30. 1. 1998, p. 31).

2. in Article 16(1), the following sentence shall be added:

‘In addition, the Commission, in accordance with the
procedure laid down in Article 26, shall draw up speci-
mens of the certificates which must accompany aqua-
culture animals,
their eggs and gametes in intra-
Community trade between non-approved zones as
regards the diseases referred to in list II of Annex A,
and shall decide on arrangements for extending the
“ANIMO” computerized system linking competent
authorities to cover trade in the above animals and
products.';

3. 7. 98

EN

Official Journal of the European Communities

L 189/13

3. in Annex B:

(a) point I. B., the first sentence of point 2 shall be

replaced by the following:

‘2. all farms in the continental zone are placed
under the supervision of the official services.
Two health inspections per year for two years
must have been carried out.';

(b) point I. C., point 2 shall be replaced by the

following:

‘2. each farm must undergo two health inspections
annually in accordance with point B.2, except
farms without broodstock which must be
inspected once per year. However, samples will
be taken by rotation in 50 % of the fish farms
in the continental zone each year;'.

When Member States adopt these measures, they shall
contain a reference to this Directive or shall be accom-
panied by such reference on the occasion of their official
publication. The methods of making such reference shall
be laid down by Member States.

2. Member States shall communicate to the Commis-
sion the text of the main provisions of domestic law
which they adopt in the field covered by this Directive.

Article 3

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

Article 4

This Directive is addressed to the Member States.

Article 2

Done at Luxembourg, 24 June 1998.

1. Member States shall bring into force the laws, regula-
tions and administrative provisions necessary to comply
with this Directive before 1 July 1999. They shall forth-
with inform the Commission thereof.

For the Council

The President

J. CUNNINGHAM