2008/641/EC: Commission Decision of 31 July 2008 derogating from Decisions 2003/858/EC and 2006/656/EC and suspending imports into the Community from Malaysia of consignments of certain live fish and of certain aquaculture products (notified under document number C(2008) 3849) (Text with EEA relevance)
Date: 2008-07-31
Institutions: European Commission
Subjects: Malaysia, aquaculture, derogation from EU law, fish, health control, import

L 207/34

EN

Official Journal of the European Union

5.8.2008

COMMISSION DECISION

of 31 July 2008

derogating from Decisions 2003/858/EC and 2006/656/EC and suspending imports into the
Community from Malaysia of consignments of certain live fish and of certain aquaculture products

(notified under document number C(2008) 3849)

(Text with EEA relevance)

(2008/641/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Directive 91/496/EEC of 15 July 1991
laying down the principles governing the organization of
veterinary checks on animals entering the Community from
third
89/662/EEC,
90/425/EEC and 90/675/EEC (1), and in particular the first
indent of Article 18(1) and Article 18(6) thereof,

amending Directives

countries

and

Whereas:

(1)

(2)

Council Directive 91/67/EEC of 28 January 1991
concerning the animal health conditions governing the
placing on the market of aquaculture animals and
products (2) lays down rules governing imports into the
Community from third countries of aquaculture animals
and products.
It provides that imports of aquaculture
animals and products must satisfy certain conditions
laid down in that Directive and come from third
countries or parts thereof appearing on a list drawn up
in accordance with that Directive.

Commission Decision 2003/858/EC of 21 November
2003 laying down the animal health conditions and
certification requirements for imports of live fish, their
eggs and gametes intended for farming, and live fish of
aquaculture origin and products thereof
intended for
human consumption (3) establishes harmonised animal

(1) OJ L 268, 24.9.1991, p. 56. Directive as last amended by Directive

2006/104/EC (OJ L 363, 20.12.2006, p. 352).

(2) OJ L 46, 19.2.1991, p. 1. Directive as last amended by Regulation

(EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(3)

(4)

(5)

(6)

health rules for the importation into the Community of
certain live fish, their eggs and gametes and certain live
In
fish of aquaculture origin and products
addition, it lists the territories from which imports into
the Community of certain species of live fish, their eggs
and gametes are authorised.

thereof.

Commission Decision 2006/656/EC of 20 September
2006 laying down the animal health conditions and
certification requirements for imports of fish for orna­
mental purpose (4) establishes harmonised animal health
rules for imports of ornamental fish into the Community.
In addition, that Decision lists the territories from which
imports into the Community of certain ornamental fish
are authorised.

Decision 2003/858/EC lists Malaysia as a third country
from which imports into the Community of live fish
belonging to the Cyprinidae
their eggs and
gametes intended for farming and of live fish of aqua­
their eggs and gametes
family,
culture origin of
intended for restocking of put and take fisheries are
authorised.

family,

that

2006/656/EC imports

the
Under Decision
Community of certain ornamental
fish from Malaysia
are authorised. Fish of the Cyprinidae family is covered
by that Decision.

into

The results of the latest Community inspection visit to
Malaysia have revealed serious shortcomings as regards
registration of aquaculture farms, notification of diseases
and official controls of animal health throughout the
production chain of aquaculture animals and ornamental
fish. Such shortcomings are likely to lead to the spread of
disease, thus presenting a serious threat to animal health
in the Community. A lack of proper animal health
checks by the competent authority of Malaysia, which
is likely to increase that threat, was also revealed by
that inspection.

(3) OJ L 324, 11.12.2003, p. 37. Decision as last amended by Decision

(4) OJ L 271, 30.9.2006, p. 71. Decision as amended by Decision

2007/158/EC (OJ L 68, 8.3.2007, p. 10).

2007/592/EC (OJ L 224, 29.8.2007, p. 5).

5.8.2008

EN

Official Journal of the European Union

L 207/35

(7)

(8)

is

from
therefore necessary to suspend imports
It
Malaysia of live fish belonging to the Cyprinidae family,
their eggs and gametes intended for farming, of live fish
belonging to the Cyprinidae family of aquaculture origin,
their eggs and gametes for restocking of put and take
fisheries, as well as of certain ornamental fish belonging
to that family. As all the other tropical ornamental fish
susceptible to the
imported from Malaysia are not
epizootic haematopoietic necrosis,
salmon
infectious
infectious
anaemia,
haematopoietic necrosis,
carp,
bacterial kidney disease,
infectious pancreatic necrosis,
Koi herpes virus and infection with Gyrodactylus salaris
there is no need to suspend imports of tropical orna­
mental fish.

viral haemorrhagic

viraemia of

septicaemia,

spring

The measures provided for
accordance with
Committee on the Food Chain and Animal Health,

in this Decision are in
Standing
the

opinion

the

of

HAS ADOPTED THIS DECISION:

(a) consignments of live fish, intended for farming;

(b) consignments of live fish, of aquaculture origin intended for

restocking of put and take fisheries; and

(c)

in the case of consignments of ornamental fish, only the
species Carassius auratus, Ctenopharyngodon idellus, Cyprinus
carpio, Hypophthalmichthys molitrix, Aristichthys
nobilis,
Carassius carassius and Tinca tinca of the Cyprinidae family.

Article 2

All expenditure incurred in the application of this Decision shall
be charged to the consignee or his agent.

This Decision shall apply from 1 August 2008.

Article 3

This Decision is addressed to the Member States.

Article 4

Article 1

Done at Brussels, 31 July 2008.

By way of derogation from Article 3(1) and (2) of Decision
2003/858/EC and from Articles 3 and 4 of Decision
2006/656/EC, Member States shall suspend imports into their
territory from Malaysia of the following consignments of fish
belonging to the Cyprinidae family, their eggs and gametes:

For the Commission

Androulla VASSILIOU
Member of the Commission