CELEX: 51994PC0396
Language: en
Date: 1994-09-22
Title: Proposition de DIRECTIVE DU CONSEIL modifiant pour la seconde fois la directive 91/67/CEE relative aux conditions de police sanitaire régissant la mise sur le marché d' animaux et de produits d' aquaculture

COMMISSION OF THE EUROPEAN COMMUNITIES
                                             C0M(94) 396 final
                                             Brussels, 22.09.1994
                              Proposal for a
                            COUNCIL DIRECTIVE
    amending for the second time Directive 91/67/EEC concerning the
             animal health conditions governing the placing
           on the marlcet of aquaculture animals and products
                     (presented by the Commission)
 ---pagebreak---                               EXPLANATORY MEMORANDUM
In accordance with the procedures laid down in Article 6 of Council Directive
91/67/EEC concerning the animal health conditions governing the placing on the
marlcet  of  aquaculture   animals  and  products^1)  as   amended by  Directive
93/54/EEC(2), Member States may submit to the Commission a request      in order
to obtain   approved status for fish farms.    Such farms are officially free of
 infectious Haematopoietic Necrosis and Viral     Haemorrhagic Septicaemia, two
diseases causing    important  losses  in aquaculture.   When submitting such a
request, the Member States must respect certain conditions laid down in Annex
C,I,A of Directive 91/67/EEC.    Practical experience has shown that there is a
need to define these conditions more clearly.
The present proposal aims at defining more clearly     the conditions applicable
to the water supply of the farms, so as to take account of farms which are
supplied by a well or spring water not directly originating on the farm,      in
addition, this proposal will allow Member States to take account of local
situations and evaluate whether the topographical situation of the farms does
not prejudice the protection against the introduction of disease.       Finally,
this proposal defines the criteria to be applied to farms which are requesting
the approved status on the basis of a long history of absence of disease.
(1)    O.J. No. L 46 Of 19.2.1901, p. 1
(2)    O.J. No. L 17S Of 19.7.1993, P, 34.
 ---pagebreak---                                                                       3
                                   Proposal for a
                                 COUNCIL DIRECTIVE
                                         Of
          amending for the second time Directive 91/67/EEC concerning the
                   animal health conditions governing the placing
                 on the market of aquaculture animals and products
 THE COUNCIL OF THE EUROPEAN UNION
Having regard to the Treaty establishing the European community,
 Having   regard to Council Directive 91/67/EEC concerning     the animal  health
 conditions governing the placing on the market of aquaculture animals and
 products*1>, amended by Directive 93/54/EEC<2), and in particular Article 25
 paragraph 2 thereof;
 Having regard to the proposal from the Commission;
 Whereas   farms, although   situated  in a non    approved zone with  regard  to
  Infectious Haematopoietic Necrosis (IHN) and Viral Haemorrhagic Septicaemia
 (VHS), may in accordance with the requirements laid down in Annex C, I, A of
 Directive 91/67/EEC,    obtain  the approved   status with  regard to  the said
 diseases;
 Whereas it appears necessary, In order to ensure a better protection against
 the introduction of IHN and VHS, to define more precisely the criteria which
 must be applied for granting the approved status to fish farms;
 Whereas these criteria must include details on the water supply of the farms,
 on the level of testing carried out prior to the approval of the farm, and on
 protective measures against the possible introduction of disease;
 (1)    O.J. No L 46 Of 19.2.91, p 1.
 (2)    O.J. No L 175 of 19.7.93, p 34.
 ---pagebreak--- HAS ADOPTED THIS DIRECTIVE:
                                     Article 1
In Directive 91/67/EEC,    Annex C,I,A is replaced by the following text:
"A.    Grant of approval.
In order to be approved, a farm must meet the following requirements:
1. Water must be supplied by a well, a borehole or a spring.    Where such water
    supply is situated at a distance from the farm, the water must be supplied
    directly to the farm, and be channeled through a pipe or, with the
   agreement of the official service, via an open channel if it does not
    constitute a source of infection for the farm.   The water channel must be
   under th© control of the farm.
2. There must be a natural or an artificial barrier preventing migrating fish
   situated downstream to ©nt<er the farm.
3. It roust b© protectee! agsinst flooding and infiltration of surface water.
4. It must, mutatis mutandis, comply with the requirements set out in Annex
   B,I,B.   Where the approval on the basis of a historical record of absence
   of the disease is requested, an official disease control system must have
   been in place in the farm for an extended period of at least 10 years
   during which:
   -   the farm has been submitted regularly to a health inspection consisting
       at least of a clinical inspection and the taking of samples to be tested
       for the pathogens in question in an approved laboratory,
   -   a disease notification system has been applied,
   -   only live fish or eggs from a farm of at least the same health status
       have been introduced.
 ---pagebreak---                                                               V_T
5. It may be the subject of additional        measures   imposed by  the official
    service, when considered necessary to prevent the introduction of diseases.
    Such measures may   include the establishment of a buffer zone around the
    farm in which a monitoring programme is carried out, and the establishment
    of a protection against the intrusion of possible disease carriers."
                                     Article 2
The   Member   States  shall   bring   into  force  the    laws, regulations  and
administrative provisions necessary to comply with this Directive before 1
April 1995.   They shall notify the Commission thereof.
When Member States adopt these measures, they shall contain a reference to
this   Directive or snail be accompanied by such reference on the occasion of
their official publication.     The methods of malcing such a reference shall be
laid down by the Member States.
                                     Article 3
This Directive shall enter into force 20 days after its publication in the
Official Journal of the European Communities.
                                     ftrtWt  4
This Directive Is addressed to the Member States.
Done at Brussels,                                    For the Commission,
 ---pagebreak---                                                                 ••.fr*2:*o&jfMHWwaoi**tAJ5
                                                              COM(94) 396 final
                                                      DOCUMENTS
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