Commission Regulation (EC) No 1252/2008 of 12 December 2008 derogating from Regulation (EC) No 1251/2008 and suspending imports into the Community from Malaysia of consignments of certain aquaculture animals (Text with EEA relevance)
Date: 2008-12-12
Institutions: European Commission
Subjects: Malaysia, animal disease, aquaculture, derogation from EU law, health control, import, sea fish

L 337/76

EN

Official Journal of the European Union

16.12.2008

COMMISSION REGULATION (EC) No 1252/2008

of 12 December 2008

derogating from Regulation (EC) No 1251/2008 and suspending imports into the Community from
Malaysia of consignments of certain aquaculture animals

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Directive 2006/88/EC of 24 October
2006 on animal health requirements for aquaculture animals
and products thereof, and on the prevention and control of
and in particular
certain diseases
Article 25(a),

animals (1),

in aquatic

Whereas:

(1)

(2)

(3)

(4)

to be applied for

Directive 2006/88/EC lays down the animal health
the placing on the
requirements
through the
market and the import and the transit
Community of
and products
thereof. That Directive provides that Member States are
to ensure that aquaculture animals and products thereof
are introduced into the Community only from third
countries or parts thereof that appear on a list drawn
up in accordance with its provisions.

aquaculture

animals

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
intended for
aquaculture origin and products thereof
human consumption (2) lists the territories from which
imports into the Community of certain species of live
fish, their eggs and gametes are authorised.

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 (3)
from which
the
imports into the Community of certain ornamental fish
are authorised.

territories

lists

revealed serious

The results of a Community inspection visit to Malaysia
have
the
production chain of aquaculture animals and ornamental
fish. Those shortcomings are likely to lead to the spread
of disease, thus presenting a serious threat to animal
health in the Community.

shortcomings

throughout

(6)

(7)

(8)

(9)

and
the Community

2008/641/EC derogating
2006/656/EC

As a consequence of those shortcomings, Commission
from Decisions
Decision
suspending
2003/858/EC
and
imports
of
into
consignments of certain live fish and of certain aqua­
culture products (4), suspended imports from Malaysia
their
of
live fish belonging to the Cyprinidae family,
eggs and gametes intended for farming, of
live fish
belonging to the Cyprinidae
their eggs and
gametes for restocking of put and take fisheries, as well
as of certain ornamental fish belonging to that family.

from Malaysia

family,

regards

(EC) No

1251/2008

of
Commission Regulation
12 December 2008 implementing Council Directive
2006/88/EC as
and certification
requirements for the placing on the market and the
import into the Community of aquaculture animals and
thereof and laying down a list of vector
products
species (5)
and
2003/858/EC
2006/656/EC, with effect from 1 January 2009.

conditions

Decisions

repeals

compartments

territories, zones or

Annex III to that Regulation establishes a list of third
countries,
from
which imports are permitted of aquaculture animals
intended for farming, put and take fisheries and open
ornamental facilities, and ornamental fish susceptible to
one or more of the diseases listed in Part II of Annex IV
to Directive 2006/88/EC and intended for closed orna­
mental facilities.

the Cyprinidae

Malaysia is included on that list as a third country from
which imports into the Community are permitted for fish
of
fish species
family and for
susceptible to epizootic ulcerative syndrome according
II of Annex IV to Directive 2006/88/EC
to Part
intended for closed ornamental
facilities. Regulation
(EC) No 1251/2008 is to apply as from 1 January 2009.

the

The circumstances which have led to the adoption of
is
Decision 2008/641/EC still continue to exist.
therefore appropriate to derogate by this Regulation
from the corresponding provisions regarding Malaysia
laid down in Annex III
to Regulation (EC) No
1251/2008. In the interest of clarity and coherence of
Community legislation, Decision 2008/641/EC should be
repealed and replaced by this Regulation.

It

(1) OJ L 328, 24.11.2006, p. 14.
(2) OJ L 324, 11.12.2003, p. 37.
(3) OJ L 271, 30.9.2006, p. 71.

(4) OJ L 207, 5.8.2008, p. 34.
(5) See page 41 of this Official Journal.

16.12.2008

EN

Official Journal of the European Union

L 337/77

(10)

The measures provided for in this Regulation are in
accordance with
Standing
Committee on the Food Chain and Animal Health,

opinion

the

the

of

HAS ADOPTED THIS REGULATION:

Article 1

By way of derogation from Articles 10(1) and 11(1) of Regu­
shall
lation (EC) No 1251/2008, Member States
suspend
imports into their territory from Malaysia of
the following
consignments of fish belonging to the Cyprinidae family, their
eggs and gametes:

(a) consignments of live fish of aquaculture origin intended for
farming, put and take fisheries and open ornamental
facilities; and

michthys molitrix, Aristichthys nobilis, Carassius carassius and
Tinca tinca of the Cyprinidae family.

Article 2

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

Article 3

Decision 2008/641/EC is repealed with effect from 1 January
2009.

Article 4

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

(b) in the case of consignments of ornamental fish intended for
closed ornamental
facilities, only the species Carassius
auratus, Ctenopharyngodon idellus, Cyprinus carpio, Hypophthal­

It shall apply from 1 January 2009.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 12 December 2008.

For the Commission

Androulla VASSILIOU
Member of the Commission