Council Directive 95/70/EC of 22 December 1995 introducing minimum Community measures for the control of certain diseases affecting bivalve molluscs

COUNCIL DIRECTIVE  95/70/EC
of 22 December 1995
introducing minimum Community measures for the control of certain  diseases affecting bivalve molluscs
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 43  thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Whereas molluscs are listed in Annex II to the Treaty; whereas the marketing of molluscs  constitutes an important source of revenue for the aquaculture sector;
Whereas the mollusc diseases referred to in Annex A, list II, to 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), have a very serious effect on the shellfish industry; whereas  other diseases having a similar effect occur in third countries, whereas a list of such diseases  should be drawn up and the Commission should be given the ability to adjust that list in the light  of developments in the animal-health field;
Whereas an outbreak of such diseases can quickly take on epizootic proportions, causing mortality  and disturbances on a scale liable considerably to reduce the profitability of shellfish-farming;
Whereas it is therefore necessary to establish at Community level the measures to be taken in the  event of outbreaks of disease, in order to ensure rational development of shellfish-farming and to  contribute to the protection of animal health in the Community;
Whereas Member States should report to the Commission and the other Member States all cases of  abnormal mortality observed in bivalve molluscs;
Whereas, in such an event, measures must be taken aimed at preventing the spread of the disease, in  particular with regard to the removal of live bivalve molluscs from the farms or zones concerned;
Whereas a thorough epidemiological investigation is essential to determine the origin of the  disease and to prevent further spread;
Whereas, in order to ensure an effective system of control, diagnosis of the diseases must be  harmonized and carried out under the auspices of responsible laboratories, the coordination of  which may be ensured by a reference laboratory designated by the Community;
Whereas, in order to ensure uniform implementation of this Directive, a Community inspection  procedure should be established;
Whereas common measures for the control of diseases form a minimum basis for maintaining a uniform  standard of animal health;
Whereas the Commission should be entrusted with the task of adopting the necessary implementing  measures,