CELEX: 51996PC0279(01)
Language: en
Date: 1996-06-19
Title: Proposal for a COUNCIL DIRECTIVE amending, with regard to Gyrodactylus salaris, Directive 91/67/EEC concerning the animal health conditions governing the placing on the market of aquaculture animals and products

Avis juridique important

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51996PC0279(01)

Proposal for a COUNCIL DIRECTIVE amending, with regard to Gyrodactylus salaris, Directive 91/67/EEC concerning the animal health conditions governing the placing on the market of aquaculture animals and products  /* COM/96/0279 FINAL - CNS 96/0157 */  

Official Journal C 242 , 21/08/1996 P. 0009

Proposal for a Council Directive amending, with regard to Gyrodactylus  salaris, Directive 91/67/EEC concerning the animal health conditions governing the placing on the  market of aquaculture animals and products(96/C  242/08)(Text with EEA relevance)COM(96) 279  final - 96/0157(CNS)(Submitted by the Commission on 20 June 1996)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 of the Commission, Having regard to the opinion of the European Parliament, Having regard to the opinion of the Economic and Social Committee, Whereas Gyrodactylus salaris is a fresh water parasite of salmonids which is capable of causing  serious mortalities in Salmo salar (Atlantic salmon); Whereas the disease has a serious economic impact would it occur in regions containing wild  riverine stocks of Salmo salar previously free of the disease; Whereas experience has shown that the disease can spread from infected regions through commercial  transfers of salmon and other salmonids; Whereas it is therefore necessary to prevent the spread of the disease from regions in the  Community where the absence of the disease can not be certified, towards regions with a documented  history of absence of the parasite; Whereas prevention of spread of the disease can be achieved under the procedures applicable to  diseases of list II of Annex A of 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   (1), as last amended by Directive 95/22/EC  (2); Whereas Salmo salar being the species most susceptible to Gyrodactylus salaris, the measures must  apply to that species; Whereas however the parasite can be transferred by other salmonid species and measures must  therefore be extended to such species; Whereas the criteria to certify the absence of Gyrodactylus salaris must be established; Whereas it is necessary to ensure that the placing on the market of fish from a non approved zone  does not prejudice the health status of non infected farms situated in a non approved zone; whereas  this can be achieved through certification of consignments; Whereas it is necessary to adapt the sampling and testing requirements for fish diseases to  international standards, HAS ADOPTED THIS DIRECTIVE: Article 1 Directive 91/67/EEC is amended as follows: 1. in Article 7: (a) the introductory sentence of paragraph 1 is replaced by the following text: '1.  The placing on the market of live fish belonging to the species susceptible to IHN and VHS as  listed in Annex A, column 2, list II, their eggs and gametes, shall be subject to the following  additional guarantees:`; (b) the following paragraph is added to paragraph 1: '(c) where they are to be introduced into a non approved farm situated in a non approved zone, they  must be accompanied, in accordance with Article 11, by a movement document corresponding to a model  to be drawn up in accordance with the procedure laid down in Article 26, certifying that: - they comply with the requirements of article 3 and come from a farm which is not infected with  IHN or VHS, or- they come from an approved zone with regard to IHN and/or VHS, or- they come from  an approved farm situated in a non approved zone with regard to IHN and/or VHS.`; (c) paragraph 2 is replaced by the following paragraphs: '2.  The placing on the market of live fish belonging to the species susceptible to gyrodactylosis  as listed in Annex A, column 2, list II shall be subject to the following additional guarantees: (a) where they are to be introduced into an approved zone with regard to Gyrodactylus salaris, they  must, in acordance with Article 11, be accompanied by a movement document corresponding to a model  to be drawn up in accordance with the procedure laid down in Article 26, certifying that they come  from an approved zone with regard to Gyrodactylus salaris; (b) where they are to be introduced into a farm which, although not situated in an approved zone,  fulfils the conditions set out in Annex CI, they must in accordance with Article 11, be accompanied  by a movement document corresponding to a model to be drawn up in accordance with the procedure  laid down in Article 26, certifying that they come from an approved zone or from an approved farm  with regard to Gyrodactylus salaris. 3.  The Commission may in accordance with the procedure laid down in Article 26, adapt or delete  the additional guarantees referred to in paragraphs 1 and 2, depending on the evolution of the  animal health situation in the Community or in accordance with scientific evolution.`; 2. in Article 9, the first sentence of point 1 is replaced by the following text: 'Fish susceptible to IHN and VHS must be slaughtered and eviscerated prior to dispatch.`; 3. in Annex A: (a) the following is added to columns 1 and 2 of list II under the heading 'fish`: >TABLE>(b) in list III, under 'Fish`, the words 'Gyrodactylus salaris` in column 1 are  deleted; 4. in Annex B, point I, B is replaced by the following text: 'B. Grant of approval1. In order to obtain approval status with regard to IHN and/or VHS, a  continental zone must meet the following requirements: (a) all fish are free for at least four years from any clinical or other sign of IHN and/or VHS. (b) 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. The health inspections must have been carried out at the time of the year when the water  temperature favours the development of these diseases. The health inspection must at least consist  of: - an inspection of fish showing abnormalities, - the taking of samples in accordance with a programme established under the procedure provided for  in Article 15, which are to be sent as quickly as possible to an approved laboratory to be tested  for the pathogens in question. However, zones having a historical record of absence of IHN and/or VHS, may obtain approved status  if: (i) their geographical situation does not permit easy introduction of disease; (ii) an official disease control system has been in place for an extended period of time of at  least ten years, during which: - there has been regular monitoring of all farms, - a disease notification system has been applied, - no case of disease has been reported, - under the rules in force, only fish, eggs or gametes from non-infected zones or farms subject to  official checks and presenting equivalent health gurantees, were able to be introduced into the  zone. The period of 10 years referred to above may be reduced to five years as a result of the testing  carried out by the official service of the requesting Member State, provided that, in addition to  the requirements referred to in the first subparagraph, the regular monitoring of all farms  referred to above has included at lest two health inspections per year involving at least: - an inspection of fish showing abnormalities, - a taking of samples of at least 30 fish at each visit. Member States wishing to benefit from the provisions relating to historical records must submit  their request no later than 31 December 1996. (c) if there is no farm in a continental zone to be approved, the official services must have  subjected fish from the lower part of the catchment area to a health inspection twice a year for  four years, in accordance with paragraph b; (d) the laboratory examinations of fish taken during health inspections have produced negative  results as regards the pathogens in question. (e) Where a Member State has requested approval for a water catchment area originating in a  neighbouring Member State, or common to two Member States, the following provisions shall apply: - the two Member States concerned shall simultaneously submit a request for approval in accordance  with the procedures laid down in Articles 5 or 10, - the Commission, in accordance with the procedure laid down in Article 26, after examining and  checking the request and evaluating the health situation, shall if need be, lay down any other  provisions necessary for granting such approval. The Member States, in accordance with Directive 89/608/EEC  (¹) shall grant each other mutual  assistance for the application of this Directive, and in particular of this paragraph; (¹)  OJ No L 351, 2.  12.  1989, p.  34. 2. In order to obtain approved status with regard to Gyrodactylus salaris, a continental zone must  meet approval conditions established in accordance with the procedure provided for in Article 26. However, where a Member States considers that its territory or part of its territory is free from  Gyrodactylus salaris, it may submit to the Commission appropriate justifications, setting out in  particular: (i) the results of surveillance testing carried out over an extended period of time, and based on  the identification of the parasite and the fact that the disease is compulsorily notifiable to the  official service, (ii) the period over which the surveillance was carried out. Based on the above information, and in accordance with the procedure provided for in Article 26, it  may be decided to grant the approved status to the territory or a part thereof of the applying  Member State.`5. in Annex B I, C point 2 is replaced by the following text: '2. (a) each farm must undergo, with regard to IHN and/or VHS, two health inspections annually in  accordance with point B, 1 (b); however, samples will be taken by rotation in 50  % of the fish  farms in the continental zone each year; (b) the surveillance programme for maintenance of approved status with regard to gyrodactylosis is  established in accordance with the procedure provided for in Article 26.`; 6. in Annex B, II, paragraph B is replaced by the following text: 'B. Grant of approvalIn order to obtain approved status with regard to IHN and/or VHS, a coastal  zone for fish must meet the requirements laid down for continental zones referred to in point IB,  first paragraph. Where necessary, the requirements for obtaining the approved status with regard to gyrodactylosis  for coastal zones are laid down in accordance with the procedure provided for in Article 26.`7. In  Annex C, I, A point 4 is replaced by the following text: '4. it must comply, mutatis mutandis, with the requirements set out in Annex B, I, B. Furthermore,  where approval with regard to IHN and/or VHS is requested on the basis of a historical record with  an official control system for a 10-year period, it must have been submitted, at least once a year,  to a clinical inspection and the taking of samples to be tested for the pathogens in question in an  approved laboratory;`8. In Annex C, I point B is replaced by the following text: 'B. Maintenance of approvalMaintenance of approval shall be subject to the requirements set out in  Annex B I C. However, sampling with regard to IHN and/or VHS must be carried out once a  year.`Article 2 1.  Member States shall bring into force the laws, regulations and  administrative provisions necessary to comply with this Directive before 1 July 1997. They shall  forthwith notify the Commission thereof. When Member States adopt these measures, they shall contain a reference to this Directive or shall  be accompanied by such reference on the occasion of their official publication. The methods of  making such reference shall be laid down by the Member States. 2.  Member States shall communicate to the Commission the text of the main provisions of national  law which they adopt in the field governed by this Directive. Article 3 This Directive shall enter in to force 20 days after its publication in the Official  Journal of the European Communities. Article 4 This Directive is addressed to the Member States. (1) OJ No L 46, 19. 2. 1991, p. 1.  (2) OJ No L 243, 11. 10. 1995, p. 1.