COMMISSION  DECISION of 25 July 1995 laying down the animal health conditions and the certification  requirements for the importation from third countries of Crassostrea gigas for relaying in  Community waters (Text with EEA relevance) (95/352/EC)
THE COMMISSION OF THE  EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard 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  (1), as last  amended by the Act of Accession of Austria, Sweden and Finland, and in particular Articles 19 (4),  20 and 21 thereof,
Whereas Crassostrea gigas is the main oyster species farmed in the Community thus representing an  important economic factor and an important source of income for persons working in the aquaculture  sector;
Whereas certain diseases exotic to the Community prevail in third countries which could, when  introduced in the Community, have devastating effects for the oyster growing sector;
Whereas the introduction of such diseases must be prevented;
Whereas the risk of introducing diseases is highest when introducing oysters for relaying in  Community waters; whereas, in the absence of appropriate disinfection methods for residual water of  holding and purification tanks for for oysters, the same risk exists when introducing oysters which  are temporarily kept in such facilities before consumption on the territory of the Community;
Whereas therefore the animal health conditions, the veterinary certificates and the third countries  from which Crassostrea gigas can be introduced for relaying must, awaiting information on the  zoosanitary situation and on the organization of the inspection services of third countries not yet  listed, be a provisional one;
Whereas the inadvertent importation of other mollusc species in consignments of Crassostrea gigas  is a considerable disease risk; whereas consignments must be checked before dispatch to avoid  this;
Whereas this Decision shall apply without prejudice to the public health conditions established  under Directive 91/492/EEC laying down the health conditions for the production and the placing on  the market of live bivalve molluscs  (2);
Whereas the measures provided for in this Decision are in accordance with the opinion of the  Standing Veterinary Committee,
Member States shall authorize imports of molluscs belonging to the  species Carassostrea gigas for relaying in Community waters, or for reimmersion in purification  centres in contact with Community waters, from the countries listed in Annex I, provided that:
1.  the following import conditions are met:
(a)  they must have been submitted on the day of loading to a check in order to verify whether they  satisfy the requirements laid down in Article 3, point 1 of Directive 91/67/EEC;
(b)  they must have been raised during their entire life cycle and have been harvested in the  national waters of the country of origin;
(c)  they must originate in a zone which has been declared free, by the competent authority, of the  diseases Mikrocytos mackini and Oyster Velar Velum Disease, in accordance with the sampling  procedures and diagnostic methods laid down in Annex II and in which there are no other significant  diseases of bivalve molluscs excluding marteiliosis (Marteilia refringens) and bonamiosis (Bonamia  ostreae);
(d)  they must, before loading, have been checked for the absence of bivalve molluscs of any other  species in accordance with the procedures laid down in Annex III.
2.  they are accompanied by an animal health certificate the model of which is laid down in Annex  IV.
This Decision shall apply from 1 October 1995.
This Decision is addressed to the Member States.