CELEX: 51993PC0281
Language: en
Date: 1993-06-16
Title: Amended proposal for a COUNCIL DIRECTIVE introducing Community measures for the control of certain fish diseases

COMMISSION OF THE EUROPEAN COMMUNITIES
                                           C0M(93) 281 final
                                           Brussels, 16 June 1993
                       Amended proposal for a
                          COUNCIL DIRECTIVE
          introducing Community measures for the control of
                        certain fish diseases
      (presented by the Commission pursuant to Article 149(3)
                         of the EEC-Treaty)
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                            EXPLANATORY MEMORANDUM
 On 19th June 1992 the Commission presented the Council with a proposa I for
 a Directive introducing Community measures for the control of certain fish
 diseases^).
  in the light of the opinion of the European Parliament at its meeting on
 21st April 1993 the Commission has decided, pursuant to Article 149(3) of
 the Treaty, to amend its original proposal.
 Amendments 2, 3, 4, 7, 8, 9, 11 and 12 have been accepted by t^ie Commission
 at the plenary session.
 Amendments 1, 5, 6 and 10 have been rejected by the Commission. These
 amendments go beyond the scope and the legal context of the proposal.
(1)   O.J. N' C 172, 08.07.1992. p. 16
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                           Amended proposal for a
                              fflWr"  DIRECTIVE
                introducing Community measures for the control
                           of certain fish diseases
On 19 June 1992 the Commission presented the above proposal to the Council.
In the light of the opinion of the European Parliament at its meeting on 21
April 1993 the initial proposal is amended as follows:
1. The following Recital 1a is added:
   "Whereas diseases affecting farmed fish can contaminate fish living in
   the natural environment (and vice versa);"
2. The following Recital 2a is added:
   "Whereas measures to control diseases should be implemented in a spirit
   of affording protection to the economic sector of aquaculture by limiting
   any constraints on the pursuit of activities in that sector to the
   minimum strictly necessary and in particular by not restricting the use
   of the aquaculture products concerned as food products in the absence of
   an established risk to public health;"
3. The fourth recital is replaced by the following:
   "Whereas an outbreak of such diseases can quickly take on epizootic
   proportions, causing mortality and disturbances on a scale liable to
   reduce severely the profitability of aquaculture and fisheries;"
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4. Article 2(3) is replaced by the following:
   "3)  fish suspected of being infected: fish showing clinical signs or
        post-mortem lesions and positive reactions in laboratory tests
        indicating the possible presence of a list I or II disease, as well
        as fish found upstream or downstream of farms on which affected fish
        have been identified;"
5. The second indent of Article 6(1)(a) is replaced by the following:
   "-   all live fish must be destroyed. The marketing or processing for
        human consumption of fish, or parts thereof, or of fish eggs, shall
        be subject to authorization by the official service, which shall
        ensure that these operations are carried out in conditions such as
        to prevent the spread of pathogens; in that event, fish, the offals
        of fish, and unused eggs or gametes must be destroyed or submitted
        to a treatment which inactivates disease-causing agents possibly
        present therein;"
6. Article 10(3) is replaced by the following:
   "3.  In cases where the presence of a list II disease is officially
        confirmed, the movement of fish, parts thereof, eggs or gametes from
        that farm on public or private roads is prohibited. However, removal
        of live fish or eggs from such farms can be permitted if they are
        being transported to another infected farm or to a slaughter
        premises for the purpose of immediate slaughter or for marketing or
        processing for human consumption in conditions such as to prevent
        the spread of pathogens, such transport being authorized by the
        official service. The slaughter offals must be submitted to a
        treatment enabling the destruction of disease-causing agents."
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7. The following paragraph 5 is added to Article 11:
   "5.  The Commission sha11 ensure that approved laboratories in Member
        States have at their disposal the technical equipment and qualified
        staff necessary for implementing this Directive. It may propose that
        training or qualification programmes be organized to that end."
8. The following Article 12a is added after Article 12:
                                "Article 12a
Where implementation of the eradication measures subjects fish farms
generally in the same water catchment area or coastal area to exceptional
charges for an extended period Member States may undertake to cover, in
whole or in part, the costs of implementing those measures, of
reconstituting stocks, or of compensation for loss of business incurred.
Member States shall notify their decisions to the Commission."
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                                                                      ISSN 0254-1475
                                                               COM (93) 281 final
                                                       DOCUMENTS
 EN                                                                             03
                                 Catalogue number : CB-CO-93-312-EN-C
                                                             ISBN 92-77-56792-9
Office for Official Publications of the European Communities
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