CELEX: 51992PC0458
Language: en
Date: 1992-11-16
Title: Proposal for a COUNCIL DIRECTIVE amending Directive 91/67/EEC concerning the animal health conditions governing the placing on the market of aquaculture animals and products

No C 324 / 16                            Official Journal of the European Communities                                  10 . 12 . 92
              Proposal for a Council Directive amending Directive 91/67/EEC concerning the animal health
                   conditions governing the placing on the market of aquaculture animals and products
                                                          (92/C 324/ 13)
                                                       COM(92) 458 final
                                      (Submitted by the Commission on 17 November 1992)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                            1 . in Article 3, paragraph 1 (c) is replaced by the
                                                                         following :
Having regard to the Treaty establishing the European                    '(c) they must not come from a farm which is
Economic Community, and in particular Article 43                               subject to a prohibition for animal health
thereof,                                                                       reasons and must not have been in contact with
                                                                               animals from such a farm, and in particular
Having regard to the proposal from the Commission,                             from a farm which is subject to control
                                                                               measures in the context of Council Directive . . .
Having regard to the opinion of the European                                   introducing Community measures for the
Parliament,                                                                    control of certain fish diseases (x). The placing
                                                                               on the market of aquaculture animals and
                                                                               products in the event of a suspected or
Having regard to the opinion of the Economic and                               confirmed outbreak of a disease referred to in
Social Committee,                                                              Annex A, column 1 , list I, is subject to the
                                                                               conditions laid down in the said Directive .
Whereas, in accordance with Article 28 of Council
Directive 91 /67/EEC (*) concerning the animal health
conditions governing the placing on the market of aqua­                  o OJ No L . . .';
culture animals and products, it is necessary to review
the list of diseases set out in Annex A to the said                 2. in Article 5 , paragraph 1 , the introductory sentence
Directive ; whereas this review must take into account the               is replaced by the following :
opinion of the Scientific Veterinary Committee ;                         '1.     In order to obtain, for one or more of the
                                                                         diseases referred to in Annex A, column 1 , list II, the
Whereas the list of diseases, following the opinion of the               status of approved zone, Member States shall submit
Scientific Veterinary Committee, must be amended in                      to the Commission :';
order to take account of new epidemiological findings
and of the experience gained ;                                      3 . in Article 5 , paragraph 2 is replaced by the
                                                                         following :
Whereas there is evidence that the situation concerning                  '2 .    The Commission shall scrutinize the infor­
diseases which are exotic to the Community must be                       mation referred to in paragraph 1 . The Commission,
reviewed, and that epidemiological data available at                     in accordance with the procedure laid down in
present indicate that certain diseases which are endemic                 Article 26, shall approve zones, having regard to that
to the Community must be reconsidered as regards the                     information .
susceptibility of certain species to these diseases, and as
regards their classification in list II or III of Annex A to             If, in accordance with Annex B, under I.D.5 , II.D or
Directive 91 /67 /EEC ;                                                  III.D.5 , the approval of a zone is withdrawn by the
                                                                         official service, the Commission shall revoke the
Whereas it is necessary to clarify certain requirements                  decision concerning its approval .
laid down in Directive 91 /67/EEC, in particular those                   The re-approval of the zone concerned shall occur
concerning the procedure for the approval of zones and                   in accordance with the procedure laid down in
concerning the conditions governing the placing on the                   Article 26 .';
market of aquaculture animals not belonging to the
susceptible species,                                                4 . in Article 6 , paragraph 1 , the introductory sentence
                                                                         is replaced by the following :
HAS ADOPTED THIS DIRECTIVE :
                                                                         ' 1 . In order to obtain, for one or more of the
                                                                         diseases referred to in Annex A, column 1 , list II, the
                           Article 1                                     status of approved farm situated in a non-approved
                                                                         zone, Member          States   shall  submit   to      the
Directive 91 /67/EEC is hereby amended as follows :                      Commission :';
                                                                     5 . in Article 7 , paragraph 1 , the introductory sentence
(') OJ No L 46, 19 . 2. 1991 , p. 1 .                                    is replaced by the following :
 ---pagebreak--- 10 . 12 . 92                              Official Journal of the European Communities                           No C 324 / 17
     ' 1 . The placing on the market of live fish                            approved farm in a non-approved zone or from
     belonging to the susceptible species referred to in                     a farm which may be situated in a non-approved
     Annex A, column 2, list II, their eggs or gametes,                      zone on condition that such a farm contains no
     shall be subject to the following additional                            fish belonging to the susceptible species referred
     guarantees :';                                                          to in Annex A, column 2, list II and is not
                                                                             connected with a watercourse or with coastal or
 6 . in Article 8 , paragraph 1 , the introductory sentence                  estuarial waters . In order to ensure uniform
     is replaced by the following :                                          compliance with that provision, appropriate
                                                                             conditions and measures shall be fixed under the
     '1.       The placing on the market of live molluscs                    same procedure . Pending those decisions,
     referred to in Annex A, column 2 , list II, shall be                    national rules shall continue to apply subject to
     subject to the following additional guarantees :';                      compliance with the general provisions of the
                                                                            Treaty;
 7 . in Article 9 ( 1 ), the first sentence is replaced by the
     following :                                                        (b) where they are to be introduced into a farm
                                                                            which, although situated in a non-approved
     ' 1 . Fish susceptible to the diseases referred to in                   zone, fulfils the conditions of Annex C, they
           Annex A, column 1 , list II, must be slaughtered                  must be accompanied in accordance with Article
           and eviscerated prior to dispatch.';                              11 by a movement document corresponding to
                                                                             the model to be drawn up in accordance with
 8 . in Article 9 (2), the first sentence is replaced by the                the procedure laid down in Article 26, certifying
     following :                                                            that they come from an approved zone, from a
                                                                             farm of the same health status or from a farm
     '2 . Live molluscs susceptible to the diseases referred                which may be situated in a non-approved zone,
           to in Annex A, column 1 , list II must be delivered              on condition that such a farm contains no fish
           either for direct human consumption or to the                    belonging to the susceptible species referred to in
           preserving industry and shall not be relaid                      Annex A, column 2 , list II and is not connected
           unless :';                                                       with a watercourse or with coastal or estuarial
                                                                            waters .
 9. Article 14 is replaced by the following Article :
                                                                        2. The requirements laid down in paragraph 1
      !Article 14                                                       shall apply to the placing on the market of molluscs
      1.      Without prejudice to the requirements for                 not belonging to the susceptible species referred to in
                                                                        Annex A, column 2, list II.
     diseases referred to in Annex A, column 1 , list III,
     established in accordance with Articles 12 and 13 ,
     the placing on the market of live farmed fish not                  3.     Without prejudice to the requirements for
     belonging to the susceptible species referred to in                diseases referred to in Annex A, column 1 , list III
     Annex A, column 2, list II as well as their eggs and               established in accordance with Articles 12 and 13 ,
     gametes shall be subject to the following additional               the placing on the market of wild fish, molluscs or
     requirements :                                                     crustaceans, their eggs or gametes, shall be subject to
                                                                        the following additional requirements :
     (a) where they are to be introduced into an
            approved zone, they must be accompanied in                  (a) where they are to be introduced into an
            accordance with Article 1 1 by a movement                        approved zone, they must be accompanied in
            document corresponding to the model to be                        accordance with Article 11 by a movement
            drawn up in accordance with the procedure laid                   document corresponding to the model to be
            down in Article 26, certifying that they come                    drawn up in accordance with the procedure laid
            from a zone of the same health status, from an                   down in Article 26, certifying that they come
            approved farm in a non-approved zone or from                     from a zone of the same health status ;
            a farm which may be situated in a non-approved
            zone on condition that such a farm contains no
                                                                        (b) where they are to be introduced into a farm
            fish belonging to the susceptible species referred               which, although situated in a non-approved
            to in Annex A, column 2, list II and is not
            connected with a watercourse or with coastal or                  zone, fulfils the conditions of Annex C, they
            estuarial waters .
                                                                             must be accompanied in accordance with Article
                                                                              11 by a movement document corresponding to
            However, pending the outcome of the review                       the model to be drawn up in accordance with
            provided for in Article 28 , Member States may,                  the procedure laid down in Article 26, certifying
            under the procedure laid down in Article 26,                     that they come from an approved zone.
            request a derogation from the preceding
            subparagraph, in particular so as to prohibit the           4 . The requirements laid down in paragraphs 1 , 2
            introduction into an approved zone of fish,                 and 3 shall not apply where practical experience
            referred to in this paragraph, originating from an          and/or scientific evidence has shown that passive
 ---pagebreak--- No C 324 / 18                               Official Journal of the European Communities                                10 . 12 . 92
     transfers of disease do not occur by the movement of              10. in the last subparagraph of Article 26 (2) (b), 'save
     aquaculture animals their eggs and gametes, not                        where the Council has decided against the said
     belonging to the susceptible species referred to in                    measures by a simple majority' is deleted ;
     Annex A, column 2, list II from a non-approved
     zone towards an approved zone .
                                                                       11 . in the last subparagraph of Article 27 (2) (b), 'save
     The Commission, in accordance with the procedure                       where the Council has decided against the said
     laid down in Article 26, establishes the list of aqua­                 measures by a simple majority' is deleted ;
     culture animals to which the derogation referred to
     above shall apply, and lays down the special
     conditions for their placing on the market.';                     12 . Annex A is replaced by the following Annex :
               ANNEX A
              LISTED DISEASES/PATHOGENS OF FISH, MOLLUSCS AND CRUSTACEA
                                           1                                                   2
                                   Disease/pathogen                                   Susceptible species
              LIST I
              Fish
              Infectious salmon anaemia (ISA)                         Atlantic salmon (Salmo salar)
              LIST II
              Fish
              Viral haemorrhagic septicaemia (VHS) virus              Salmonid species, including grayling (Thymallus
                                                                      thymallus) and whitefish (Coregonus spp.)
                                                                      Pike (Esox lucius)
                                                                      Sea bass (Dicentrarchus labrax)
                                                                      Turbot (Scophthalmus Maximus)
              Infectious haematopoietic necrosis (IHN) virus          Salmonid species
                                                                      Pike fry (Esox Pucius)
              Molluscan shellfish
              Bonamia ostreae                                         Flat oyster (Ostrea edulis)
              Marteilia refringens                                    Flat oyster (Ostrea edulis)
              LIST III
              Fish
              Infectious pancreatic necrosis (IPN)                    To be specified in the programme referred to in
                                                                      Articles 12 and 13
              Spring viraemia of carp (SVC) virus
              Bacterial kidney disease (BKD) (Renibacterium
              salmoninarum)
              Furunculosis (Aeromonas salmonicida)
              Enteric redmouth disease (ERM) ( Yersinia ruckeri)
               Gyrodactylus salaris
              Crustaceans
              Crayfish plague (Aphanomyces astaciƒ
                            Article 2                                  panied by such reference on the occasion of their official
                                                                       publication. The methods of making such a reference
The Member States shall bring into force the laws, regu­               shall be laid down by the Member States.
lations and administrative provisions necessary to comply
with this Directive before 1 January 1994. They shall
notify the Commission thereof.
                                                                                                    Article 3
When Member States adopt these measures, they shall
contain a reference to this Directive or shall be accom                This Directive is addressed to the Member States .