Council Directive 2000/27/EC of 2 May 2000 amending Directive 93/53/EEC introducing minimum Community measures for the control of certain fish diseases
Date: 2000-05-02
Institutions: Council of the European Union
Subjects: animal disease, fish, health control, vaccination, veterinary inspection

L 114/28

EN

Official Journal of the European Communities

13.5.2000

COUNCIL DIRECTIVE 2000/27/EC

of 2 May 2000

amending Directive 93/53/EEC introducing minimum Community measures for the control of
certain fish diseases

THE COUNCIL OF THE EUROPEAN UNION,

(9)

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

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

Having regard to the opinion of the European Parliament (2),

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

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

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immediately withdrawn.

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.

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.

Under certain conditions, the application of provisions
on vaccination may offer a new tool for controlling and
containing ISA after an outbreak; at present no such
option is provided for under Community legislation.

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

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

The measures necessary for
the implementation of
Directive 93/53/EEC are to be adopted in accordance
with Council Decision 1999/468/EC of 28 June 1999
laying down the procedures for the exercise of imple-
menting powers conferred on the Commission (5).

Given the current
scientific and technical
evidence, Directive 95/53/EEC should therefore be
amended accordingly.

state of

(1) OJ C 342, 30.11.1999, p. 42.
(2) Opinion delivered on 2 March 2000 (not yet published in the Offi-

cial Journal).

(3) OJ C 51, 23.2.2000, p. 30.
(4) OJ L 175, 19.7.1993, p. 23. Directive as amended by the 1994 Act

of Accession.

(5) OJ L 184, 17.7.1999, p. 23.

Given the urgency of the matter it is imperative to grant
an exception to the six-week period mentioned in part I
point (3) of the Protocol on the role of national parlia-
ments of the European Union annexed to the Treaty of
Amsterdam,

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 shall be 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).’

2. Paragraph 1 of Article 14 shall be 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 and against
list I diseases shall be forbidden.

However, by way of derogation, vaccination may be author-
ised in the case of an outbreak of list I diseases provided the
procedures for vaccination are specified in the approved
contingency plans in accordance with Article 15 and
account is taken of the criteria set out in Annex E.’

3. A new Article shall be added:

‘Article 18a

The measures necessary for the implementation of
this
Directive concerning the measures referred to in the Articles
listed hereinafter are to be adopted in accordance with the
regulatory procedures referred to in Article 19(2):

— Article 5(2),

— Article 6,

— Article 10(1) and (2),

— Article 12,

— Article 15,

— Article 16

— Article 18, second subparagraph.’

13.5.2000

EN

Official Journal of the European Communities

L 114/29

4. Article 19 shall be replaced with the following:

‘Article 19

The Commission shall be assisted by the Standing
1.
Veterinary
Decision
68/361/EEC (*), hereinafter referred to as the Committee.

Committee

established

by

2. Where reference is made to this paragraph, Articles 5
and 7 of Decision 1999/468/EC shall apply.

The period provided for in Article 5(6) of Decision 1999/
468/EC shall be three months.

3.

The Committee shall adopt its rules of procedure.

(*) OJ L 255, 18.10.1968, p. 23.’

5. Annex E attached to this Directive shall be adopted.

those provisions,

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

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 day of its publi-
cation in the Official Journal of the European Communities.

Article 4

Article 2

This Directive is addressed to the Member States.

Member States shall bring into force the laws, regulations
and administrative provisions to comply with this Directive
by 31 December 2000. They shall
forthwith inform the
Commission thereof.

They shall apply those provisions not later than 1 January
2001.

Done at Brussels, 2 May 2000.

For the Council

The President

J. COELHO

ANNEX

‘ANNEX E

CRITERIA FOR VACCINATION PROGRAMMES

Vaccination programmes must contain at least the following information:

1. The nature of the disease calling for a request to be made to vaccinate.

2. Information shall be supplied on the coastal and mainland areas, the sites and farms in which vaccination may be
carried out: under no circumstances may vaccination be conducted beyond the limits of the infected area and, if
necessary, the buffer zone established around the infected area.

3. Detailed information on the vaccine to be used,

including the type(s) of vaccine which may be used.

4. Detailed information on the conditions for use, frequency of vaccination and the limits on use of the vaccine (which

fish, which cages, etc.).

5. The criteria for ceasing vaccination.

6. Provisions shall be adopted to ensure that a log is kept of past vaccinations (dates, sites and farms in which vaccination

has been conducted, the establishment of a buffer zone, etc.).

7. Measures shall be taken for fish movements to be limited within the vaccination area so as to guarantee that fish can
leave the vaccination area only if they are to be killed for human consumption, or if necessary to be destroyed.

8. Any other necessary provisions required for vaccination.’