2010/221/: Commission Decision of 15 April 2010 approving national measures for limiting the impact of certain diseases in aquaculture animals and wild aquatic animals in accordance with Article 43 of Council Directive 2006/88/EC (notified under document C(2010) 1850) (Text with EEA relevance)

20.4.2010 EN Official Journal of the European Union L 98/7
COMMISSION DECISION
of 15 April 2010
approving national measures for limiting the impact of certain diseases in aquaculture animals and wild aquatic animals in accordance with Article 43 of Council Directive 2006/88/EC
(notified under document C(2010) 1850)
(Text with EEA relevance)
(2010/221/EU)
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
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 (1), and in particular Article 43(2) thereof,
Whereas:
(1) Commission Decision 2004/453/EC of 29 April 2004 implementing Council Directive 91/67/EEC as regards measures against certain diseases in aquaculture animals (2) approves the disease-free status of certain Member States or parts thereof as regards spring viraemia of carp (SVC), bacterial kidney disease (BKD), infectious pancreatic necrosis virus (IPN) and infection with Gyrodactylus salaris (GS) (approved disease-free areas), and control or eradication programmes of certain Member States (approved control or eradication programmes) as regards SVC, BKD and IPN.
(2) Member States with approved disease-free areas or with approved control or eradication programmes pursuant to Decision 2004/453/EC may require additional guarantees for consignments of live aquaculture fish of susceptible species to the relevant diseases intended for farming, which are to be introduced into those areas. Those additional guarantees consist of the requirement that those consignments must originate from an area with an equivalent health status as the place of destination.
(3) Directive 2006/88/EC repealed and replaced Council Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals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 (3). However, Directive 2006/88/EC provides that Decision 2004/453/EC is to continue to apply for the purpose of Directive 2006/88/EC pending the adoption of the necessary provisions in accordance with that Directive, which are to be adopted not later than three years after its entry into force.
(4) Article 43 of Directive 2006/88/EC provides that a Member State may take measures to prevent the introduction of, or to control diseases not listed in Part II of Annex IV thereto which constitute a significant risk for the animal health situation of aquaculture animals or wild aquatic animals in that Member State. Those measures are not to exceed the limits of what is appropriate and necessary to prevent the introduction of or control of, such diseases.
(5) The Member States which have been granted the right to require additional guarantees pursuant to Decision 2004/453/EC have provided the Commission with information on the disease situation as regards the diseases for which they have approved disease-free areas or approved control or eradication programmes. They have demonstrated the appropriateness and necessity of continuing requiring national measures in the form of placing on the market, import and transit requirements, in accordance with Article 43 of Directive 2006/88/EC.
(6) Consequently, Member States which were granted the right to require additional guarantees in accordance with Decision 2004/453/EC for the introduction of aquaculture animals of susceptible species into approved disease-free areas or areas with approved control or eradication programmes should be allowed to continue to apply these measures as national measures approved in accordance with Article 43 of Directive 2006/88/EC.
(7) In addition, Finland has provided information to support the finding that it is no longer necessary to regard certain water catchment areas as buffer zones in order to protect the disease-free status regarding SVC and IPN.
(8) In the interests of simplification of Union legislation, the specific placing on the market, import and transit requirements for consignments of aquaculture animals and wild aquatic animals intended for areas with approved national measures, should be included in the provisions and model animal health certificates laid down in 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 (4).
(9) The national measures approved by this Decision should only be applied as long as they are appropriate and necessary. Therefore, the Member States should send a yearly report to the Commission on the functioning of the national measures.
(10) Any suspicion of the presence of a relevant disease in areas listed as disease-free in Annex I to this Decision should be investigated and during the investigation movement restrictions should be applied to protect other Member States with approved national measures as regards the same disease. In addition, to facilitate the necessary re-assessment of the approved national measures, any subsequent disease confirmation should be notified to the Commission and to the other Member States.
(11) The eradication programmes should lead to an improvement in the disease situation within a reasonable period of time. In the second half of 2011, the disease situation in the areas covered by such programmes should be reassessed and the appropriateness of the national measures re-evaluated. Therefore, this Decision should provide for those measures to apply only until 31 December 2011.
(12) In the interest of clarity of Union legislation, Decision 2004/453/EC should be expressly repealed.
(13) In order to prevent any disruption of trade, consignments of aquaculture animals which are accompanied by an animal health certificate issued in accordance with Annex III to Decision 2004/453/EC should be permitted to be placed on the market until 30 June 2010, subject to certain conditions.
(14) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,