CELEX: 32012R1012
Language: en
Date: 2012-11-05 00:00:00
Title: Commission Implementing Regulation (EU) No 1012/2012 of 5 November 2012 amending Regulation (EC) No 2074/2005 and Regulation (EC) No 1251/2008 as regards the list of vector species, the health requirements and the certification requirements concerning epizootic ulcerative syndrome and as regards the entry for Thailand in the list of third countries from which imports of certain fish and fishery products into the Union are permitted  Text with EEA relevance

6.11.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 306/1
            
         COMMISSION IMPLEMENTING REGULATION (EU) No 1012/2012
   of 5 November 2012
   amending Regulation (EC) No 2074/2005 and Regulation (EC) No 1251/2008 as regards the list of vector species, the health requirements and the certification requirements concerning epizootic ulcerative syndrome and as regards the entry for Thailand in the list of third countries from which imports of certain fish and fishery products into the Union are permitted
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (1), and in particular the second paragraph of Article 9 thereof,
   Having regard to Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (2), and in particular the second paragraph of Article 16 thereof,
   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 certain diseases in aquatic animals (3), and in particular Article 17(2), Articles 22 and 25 and Article 61(3) thereof,
   Whereas:
   
               (1)
            
            
               Commission Regulation (EC) No 2074/2005 of 5 December 2005 laying down implementing measures for certain products under Regulation (EC) No 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No 854/2004 of the European Parliament and of the Council and Regulation (EC) No 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No 853/2004 and (EC) No 854/2004 (4) lays down model animal health certificates for the introduction into the Union of certain aquatic animals and products of animal origin intended for human consumption.
            
         
               (2)
            
            
               The model health certificate for imports of fishery products intended for human consumption, set out in Appendix IV of Annex VI to Regulation (EC) No 2074/2005, contains an animal health attestation with regard to the requirements for susceptible species to certain diseases listed in Part II of Annex IV to Directive 2006/88/EC, including epizootic ulcerative syndrome.
            
         
               (3)
            
            
               Commission Regulation (EC) No 1251/2008 of 12 December 2008 implementing Council Directive 2006/88/EC as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species (5) lays down animal health conditions and certification requirements for imports into the Union of certain aquaculture animals and of certain products thereof.
            
         
               (4)
            
            
               Annex I to Regulation (EC) No 1251/2008 sets out a list of vector species for the diseases listed in Part II of Annex IV to Directive 2006/88/EC. The vector species for epizootic ulcerative syndrome are currently included in that list.
            
         
               (5)
            
            
               Annex III to Regulation (EC) No 1251/2008 sets out, inter alia, the list of third countries, territories, zones or compartments from which the import into the Union of ornamental fish susceptible to one or more of the diseases listed in Annex IV to Directive 2006/88/EC and intended for closed ornamental facilities is permitted.
            
         
               (6)
            
            
               India and Vietnam are listed in that Annex to make the import of fish species susceptible to epizootic ulcerative syndrome subject to specific animal health provisions eliminating the risks of that disease.
            
         
               (7)
            
            
               In addition, the model animal health certificates set out in Parts A and B of Annex IV to Regulation (EC) No 1251/2008 contain animal health attestations with regard to the requirements for susceptible species and vector species to certain diseases listed in Part II of Annex IV to Directive 2006/88/EC, including epizootic ulcerative syndrome.
            
         
               (8)
            
            
               Directive 2006/88/EC, as amended by Commission Implementing Directive 2012/31/EU (6), no longer lists epiizootic ulcerative syndrome (EUS) as an exotic disease in Part II of Annex IV thereto.
            
         
               (9)
            
            
               For reasons of consistency and clarity of Union law, Regulation (EC) No 2074/2005 and Regulation (EC) No 1251/2008 should be amended in order to remove the provisions therein making references to epizootic ulcerative syndrome.
            
         
               (10)
            
            
               Following the removal of epizootic ulcerative syndrome from the list in Part II of Annex IV to Directive 2006/88/EC the corresponding animal health provisions applicable to India and Vietnam have become redundant and therefore those countries should be removed from the list of countries that are to apply disease specific animal health measures to aquatic animals intended for export to the Union.
            
         
               (11)
            
            
               Thailand is listed in Annex III to Regulation (EC) No 1251/2008, as a third county from which imports of cyprinidae intended for farming, relaying areas, put and take fisheries and open and closed ornamental facilities into the Union is permitted. Thailand has request to be listed in Annex III for the purposes of permitting exports of also other fish species from that third country into the Union.
            
         
               (12)
            
            
               An inspection by the Food and Veterinary Office (FVO) concerning aquatic animal health was carried out in Thailand in November 2009. The FVO recommendations following that inspection have been satisfactorily implemented by the competent authority in Thailand. It is therefore appropriate to permit imports into the Union from that third country also of other fish species. The entry for Thailand in Annex III to Regulation (EC) No 1251/2008 should therefore be amended accordingly.
            
         
               (13)
            
            
               Regulation (EC) No 2074/2005 and Regulation (EC) No 1251/2008 should therefore be amended accordingly.
            
         
               (14)
            
            
               It is appropriate to provide for transitional measures to allow Member States and the industry to take the necessary measures to comply with the requirements laid down in this Regulation.
            
         
               (15)
            
            
               The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
            
         HAS ADOPTED THIS REGULATION:
   Article 1
   Appendix IV of Annex VI to Regulation (EC) No 2074/2005 is replaced by the text in Annex I to this Regulation.
   Article 2
   Annexes I, III and IV to Regulation (EC) No 1251/2008 are amended in accordance with Annex II to this Regulation.
   Article 3
   For a transitional period until 1 March 2013, consignments of aquatic animals accompanied by animal health certificates issued in accordance with the models set out in Part A or B of Annex IV to Regulation (EC) No 1251/2008, and fishery products accompanied by animal health certificates issued in accordance with the model set out in Appendix IV of Annex VI to Regulation (EC) No 2074/2005, in their version prior to the amendments introduced by this Regulation, may be placed on the market or introduced into the Union provided that they reach their place of final destination before that date.
   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.
   
      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 5 November 2012.
      
         
            For the Commission
         
         
            The President
         
         José Manuel BARROSO
      
   
   
      (1)  OJ L 139, 30.4.2004, p. 55.
   
      (2)  OJ L 139, 30.4.2004, p. 206.
   
      (3)  OJ L 328, 24.11.2006, p. 14.
   
      (4)  OJ L 338, 22.12.2005, p. 27.
   
      (5)  OJ L 337, 16.12.2008, p. 41.
   
      (6)  OJ L 297, 26.10.2012, p. 26.
   
      ANNEX I
      
         
            ‘Appendix IV to Annex VI
            
               Model health certificate for imports of fishery products intended for human consumption
            
            
               
            
               
            
               
            
               
         
      
   
   
      ANNEX II
      Annexes I, III and IV to Regulation (EC) No 1251/2008 are amended as follows:
      
                  (1)
               
               
                  in Annex I, the entry for epizootic ulcerative syndrome is deleted.
               
            
                  (2)
               
               
                  Annex III is replaced by the following:
                  
                     ‘ANNEX III
                     
                        List of third countries, territories, zones or compartments
                         (1)
                     
                     (referred to in Article 10(1) and Article 11)
                     
                                 Country/territory
                              
                              
                                 Aquaculture Species
                              
                              
                                 Zone/Compartment
                              
                           
                                 ISO-code
                              
                              
                                 Name
                              
                              
                                 Fish
                              
                              
                                 Molluscs
                              
                              
                                 Crustaceans
                              
                              
                                 Code
                              
                              
                                 Description
                              
                           
                                 AU
                              
                              
                                 Australia
                              
                              
                                 X (2)
                                 
                              
                              
                                  
                              
                              
                                  
                              
                              
                                  
                              
                              
                                  
                              
                           
                                 BR
                              
                              
                                 Brazil
                              
                              
                                 X (3)
                                 
                              
                              
                                  
                              
                              
                                  
                              
                              
                                  
                              
                              
                                  
                              
                           
                                 CA
                              
                              
                                 Canada
                              
                              
                                 X
                              
                              
                                  
                              
                              
                                  
                              
                              
                                 CA 0 (4)
                                 
                              
                              
                                 Whole territory
                              
                           
                                 CA 1 (5)
                                 
                              
                              
                                 British Columbia
                              
                           
                                 CA 2 (5)
                                 
                              
                              
                                 Alberta
                              
                           
                                 CA 3 (5)
                                 
                              
                              
                                 Saskatchewan
                              
                           
                                 CA 4 (5)
                                 
                              
                              
                                 Manitoba
                              
                           
                                 CA 5 (5)
                                 
                              
                              
                                 New Brunswick
                              
                           
                                 CA 6 (5)
                                 
                              
                              
                                 Nova Scotia
                              
                           
                                 CA 7 (5)
                                 
                              
                              
                                 Prince Edward Island
                              
                           
                                 CA 8 (5)
                                 
                              
                              
                                 Newfoundland and Labrador
                              
                           
                                 CA 9 (5)
                                 
                              
                              
                                 Yukon
                              
                           
                                 CA 10 (5)
                                 
                              
                              
                                 Northwest Territories
                              
                           
                                 CA 11 (5)
                                 
                              
                              
                                 Nunavut
                              
                           
                                 CL
                              
                              
                                 Chile
                              
                              
                                 X (2)
                                 
                              
                              
                                  
                              
                              
                                  
                              
                              
                                  
                              
                              
                                 Whole country
                              
                           
                                 CN
                              
                              
                                 China
                              
                              
                                 X (3)
                                 
                              
                              
                                  
                              
                              
                                  
                              
                              
                                  
                              
                              
                                 Whole country
                              
                           
                                 CO
                              
                              
                                 Colombia
                              
                              
                                 X (3)
                                 
                              
                              
                                  
                              
                              
                                  
                              
                              
                                  
                              
                              
                                 Whole country
                              
                           
                                 CG
                              
                              
                                 Congo
                              
                              
                                 X (3)
                                 
                              
                              
                                  
                              
                              
                                  
                              
                              
                                  
                              
                              
                                 Whole country
                              
                           
                                 CK
                              
                              
                                 Cook Islands
                              
                              
                                 X (7)
                                 
                              
                              
                                 X (7)
                                 
                              
                              
                                 X (7)
                                 
                              
                              
                                  
                              
                              
                                 Whole country
                              
                           
                                 HR
                              
                              
                                 Croatia
                              
                              
                                 X (2)
                                 
                              
                              
                                  
                              
                              
                                  
                              
                              
                                  
                              
                              
                                 Whole country
                              
                           
                                 HK
                              
                              
                                 Hong Kong
                              
                              
                                 X (3)
                                 
                              
                              
                                  
                              
                              
                                  
                              
                              
                                  
                              
                              
                                 Whole country
                              
                           
                                 ID
                              
                              
                                 Indonesia
                              
                              
                                 X (2)
                                 
                              
                              
                                  
                              
                              
                                  
                              
                              
                                  
                              
                              
                                 Whole country
                              
                           
                                 IL
                              
                              
                                 Israel
                              
                              
                                 X (2)
                                 
                              
                              
                                  
                              
                              
                                  
                              
                              
                                  
                              
                              
                                 Whole country
                              
                           
                                 JM
                              
                              
                                 Jamaica
                              
                              
                                 X (3)
                                 
                              
                              
                                  
                              
                              
                                  
                              
                              
                                  
                              
                              
                                 Whole country
                              
                           
                                 JP
                              
                              
                                 Japan
                              
                              
                                 X (3)
                                 
                              
                              
                                  
                              
                              
                                  
                              
                              
                                  
                              
                              
                                 Whole country
                              
                           
                                 KI
                              
                              
                                 Kiribati
                              
                              
                                 X (7)
                                 
                              
                              
                                 X (7)
                                 
                              
                              
                                 X (7)
                                 
                              
                              
                                  
                              
                              
                                 Whole country
                              
                           
                                 LK
                              
                              
                                 Sri Lanka
                              
                              
                                 X (3)
                                 
                              
                              
                                  
                              
                              
                                  
                              
                              
                                  
                              
                              
                                 Whole country
                              
                           
                                 MH
                              
                              
                                 Marshall Islands
                              
                              
                                 X (7)
                                 
                              
                              
                                 X (7)
                                 
                              
                              
                                 X (7)
                                 
                              
                              
                                  
                              
                              
                                 Whole country
                              
                           
                                 MK (6)
                                 
                              
                              
                                 the former Yugoslav Republic of Macedonia
                              
                              
                                 X (3)
                                 
                              
                              
                                  
                              
                              
                                  
                              
                              
                                  
                              
                              
                                 Whole country
                              
                           
                                 MY
                              
                              
                                 Malaysia
                              
                              
                                 X (3)
                                 
                              
                              
                                  
                              
                              
                                  
                              
                              
                                  
                              
                              
                                 Peninsular, Western Malaysia
                              
                           
                                 NR
                              
                              
                                 Nauru
                              
                              
                                 X (7)
                                 
                              
                              
                                 X (7)
                                 
                              
                              
                                 X (7)
                                 
                              
                              
                                  
                              
                              
                                 Whole country
                              
                           
                                 NU
                              
                              
                                 Niue
                              
                              
                                 X (7)
                                 
                              
                              
                                 X (7)
                                 
                              
                              
                                 X (7)
                                 
                              
                              
                                  
                              
                              
                                 Whole country
                              
                           
                                 NZ
                              
                              
                                 New Zealand
                              
                              
                                 X (2)
                                 
                              
                              
                                  
                              
                              
                                  
                              
                              
                                  
                              
                              
                                 Whole country
                              
                           
                                 PF
                              
                              
                                 French Polynesia
                              
                              
                                 X (7)
                                 
                              
                              
                                 X (7)
                                 
                              
                              
                                 X (7)
                                 
                              
                              
                                  
                              
                              
                                 Whole country
                              
                           
                                 PG
                              
                              
                                 Papua New Guinea
                              
                              
                                 X (7)
                                 
                              
                              
                                 X (7)
                                 
                              
                              
                                 X (7)
                                 
                              
                              
                                  
                              
                              
                                 Whole country
                              
                           
                                 PN
                              
                              
                                 Pitcairn Islands
                              
                              
                                 X (7)
                                 
                              
                              
                                 X (7)
                                 
                              
                              
                                 X (7)
                                 
                              
                              
                                  
                              
                              
                                 Whole country
                              
                           
                                 PW
                              
                              
                                 Palau
                              
                              
                                 X (7)
                                 
                              
                              
                                 X (7)
                                 
                              
                              
                                 X (7)
                                 
                              
                              
                                  
                              
                              
                                 Whole country
                              
                           
                                 RU
                              
                              
                                 Russia
                              
                              
                                 X (2)
                                 
                              
                              
                                  
                              
                              
                                  
                              
                              
                                  
                              
                              
                                 Whole country
                              
                           
                                 SB
                              
                              
                                 Solomon Islands
                              
                              
                                 X (7)
                                 
                              
                              
                                 X (7)
                                 
                              
                              
                                 X (7)
                                 
                              
                              
                                  
                              
                              
                                 Whole country
                              
                           
                                 SG
                              
                              
                                 Singapore
                              
                              
                                 X (3)
                                 
                              
                              
                                  
                              
                              
                                  
                              
                              
                                  
                              
                              
                                 Whole country
                              
                           
                                 ZA
                              
                              
                                 South Africa
                              
                              
                                 X (2)
                                 
                              
                              
                                  
                              
                              
                                  
                              
                              
                                  
                              
                              
                                 Whole country
                              
                           
                                 TW
                              
                              
                                 Taiwan
                              
                              
                                 X (3)
                                 
                              
                              
                                  
                              
                              
                                  
                              
                              
                                  
                              
                              
                                 Whole country
                              
                           
                                 TH
                              
                              
                                 Thailand
                              
                              
                                 X (2)
                                 
                              
                              
                                  
                              
                              
                                  
                              
                              
                                  
                              
                              
                                 Whole country
                              
                           
                                 TR
                              
                              
                                 Turkey
                              
                              
                                 X (2)
                                 
                              
                              
                                  
                              
                              
                                  
                              
                              
                                  
                              
                              
                                 Whole country
                              
                           
                                 TK
                              
                              
                                 Tokelau
                              
                              
                                 X (7)
                                 
                              
                              
                                 X (7)
                                 
                              
                              
                                 X (7)
                                 
                              
                              
                                  
                              
                              
                                 Whole country
                              
                           
                                 TO
                              
                              
                                 Tonga
                              
                              
                                 X (7)
                                 
                              
                              
                                 X (7)
                                 
                              
                              
                                 X (7)
                                 
                              
                              
                                  
                              
                              
                                 Whole country
                              
                           
                                 TV
                              
                              
                                 Tuvalu
                              
                              
                                 X (7)
                                 
                              
                              
                                 X (7)
                                 
                              
                              
                                 X (7)
                                 
                              
                              
                                  
                              
                              
                                 Whole country
                              
                           
                                 US
                              
                              
                                 United States (8)
                                 
                              
                              
                                 X
                              
                              
                                  
                              
                              
                                 X
                              
                              
                                 US 0 (4)
                                 
                              
                              
                                 Whole country
                              
                           
                                 X
                              
                              
                                  
                              
                              
                                  
                              
                              
                                 US 1 (5)
                                 
                              
                              
                                 Whole country, except the following states: New York, Ohio, Illinois, Michigan, Indiana, Wisconsin, Minnesota and Pennsylvania
                              
                           
                                  
                              
                              
                                 X
                              
                              
                                  
                              
                              
                                 US 2
                              
                              
                                 Humboldt Bay (California)
                              
                           
                                 US 3
                              
                              
                                 Netarts Bay (Oregon)
                              
                           
                                 US 4
                              
                              
                                 Wilapa Bay, Totten Inlet, Oakland Bay, Quilcence Bay and Dabob Bay (Washington)
                              
                           
                                 US 5
                              
                              
                                 NELHA (Hawaii)
                              
                           
                                 WF
                              
                              
                                 Wallis and Futuna
                              
                              
                                 X (7)
                                 
                              
                              
                                 X (7)
                                 
                              
                              
                                 X (7)
                                 
                              
                              
                                  
                              
                              
                                 Whole country
                              
                           
                                 WS
                              
                              
                                 Samoa
                              
                              
                                 X (7)
                                 
                              
                              
                                 X (7)
                                 
                              
                              
                                 X (7)
                                 
                              
                              
                                  
                              
                              
                                 Whole country
                              
                           
               
            
                  (3)
               
               
                  in Annex IV, Parts A and B are replaced by the following:
                  ‘PART A
                  
                     Model animal health certificate for the import into the European Union of aquaculture animals for farming, relaying, put and take fisheries and open ornamental facilities
                  
                  
                     
                  
                     
                  
                     
                  
                     
                  
                     
                  PART B
                  
                     Model animal health certificate for the import into the European Union of ornamental aquatic animals intended for closed ornamental facilities
                  
                  
                     
                  
                     
                  
                     
                  
                     
               
            
         (1)  According to Article 11 ornamental fish which are not of species susceptible to any of the diseases listed in Part II of Annex IV to Directive 2006/88/EC, and ornamental molluscs and ornamental crustaceans, intended for closed ornamental facilities, may also be imported into the Union from third countries or territories that are members of the World Organisation for Animal health (OIE).
      
         (2)  Apply to all fish species.
      
         (3)  Apply only to Cyprinidae.
      
         (4)  Apply not to fish species susceptible to or vector species for viral haemorrhagic septicaemia according to Part II of Annex IV to Directive 2006/88/EC.
      
         (5)  Apply only to fish species susceptible to or vector species for viral haemorrhagic septicaemia according to Part II of Annex IV to Directive 2006/88/EC.
      
         (6)  Provisional code that does not prejudice in any way the definitive denomination for this country, which will be agreed following the conclusion of the negotiations currently taking place on this subject at the United Nations.
      
         (7)  Apply only to imports of ornamental fish which are not of susceptible species to any of the diseases listed in Part II of Annex IV to Directive 2006/88/EC, and ornamental molluscs and ornamental crustaceans, intended for closed ornamental facilities.
      
         (8)  For the purposes of this Regulation United States includes Puerto Rico, U.S. Virgin Islands, American Samoa, Guam and Northern Mariana Islands.’