Commission Decision of 12 December 2008 implementing Council Directive 2006/88/EC as regards requirements for quarantine of aquaculture animals (notified under document number C(2008) 7905) (Text with EEA relevance) (2008/946/EC)

Commission Decision

of 12 December 2008

implementing Council Directive 2006/88/EC as regards requirements for quarantine of aquaculture animals

(notified under document number C(2008) 7905)

(Text with EEA relevance)

(2008/946/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC(1), and in particular the second subparagraph of Article 10(3) and the first subparagraph of Article 10(4) 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(2), and in particular Articles 25 and 61(3) thereof,

Whereas:

(1) Pursuant to Article 16(1) of Directive 2006/88/EC aquaculture animals of species susceptible to diseases listed in Part II of Annex IV to that Directive which are to be introduced for farming or restocking into a Member State, zone or compartment declared free of a specific disease must originate from a Member State, zone or compartment also declared free of that disease. Pursuant to Article 44(4) of that Directive, the same is to apply to areas subject to a surveillance or eradication programme with regard to a specific disease.

(2) Pursuant to Article 17(1) of Directive 2006/88/EC vector species to diseases listed in Part II of Annex IV to that Directive which are to be introduced for farming or restocking purposes into a Member State, zone or compartment declared free of a specific disease must either originate from another Member State, zone or compartment declared free of that disease or be held in quarantine in water free of the pathogen in question, for an appropriate period of time, where, in the light of the scientific data or practical experience provided, this proves to be sufficient to reduce the risk of transmission of the specific disease to a level acceptable for preventing the transmission of the disease concerned. Pursuant to Article 44(4) of Directive 2006/88/EC, the same is to apply to areas subject to a surveillance or eradication programme with regard to a specific disease.

(3) A list of possible vector species to the diseases listed in Part II of Annex IV to Directive 2006/88/EC, including the conditions under which those species are to be regarded as vectors for the purpose of Article 17 of that Directive, is set out in Annex I to Commission Regulation (EC) No 1251/2008 of 12 December 2008 implementing 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(3).

(4) Article 20(1) of Directive 2006/88/EC provides, by way of derogation from Article 16 of that Directive, that the release of wild aquatic animals of species susceptible to diseases listed in Part II of Annex IV to that Directive, caught in a Member State, zone or compartment not declared free of a specific disease, in a Member State, zone or compartment declared free of that disease is subject to the placing of the wild aquatic animals in quarantine under the supervision of the competent authority in suitable facilities, for a period of time sufficient to reduce to an acceptable level the risk of transmission of the disease. Pursuant to Article 44(4) of Directive 2006/88/EC, the same is to apply to areas subject to a surveillance or eradication programme with regard to a specific disease.

(5) Pursuant to Articles 10 and 11 of Regulation (EC) No 1251/2008 animals of vector species and wild aquatic animals intended for farming, relaying areas, put and take fisheries and open ornamental facilities, and ornamental aquatic animals of susceptible species intended for closed ornamental facilities may be imported into a Member State, zone or compartment declared free of a specific disease or into areas subject to a surveillance or eradication programme with regard to a specific disease without having to originate from disease free areas if they have been subject to quarantine, as provided for in Directive 2006/88/EC, for an appropriate period of time. According to Article 10(1) first indent of Directive 91/496/EEC, the quarantine may be carried out in a third country.

(6) To ensure that the quarantine is carried out in a manner that reduces the risk of transmission of diseases listed in Part II of Annex IV to Directive 2006/88/EC to an acceptable level, detailed rules on quarantine should be laid down.

(7) Quarantine facilities in the Community are covered by the definition of ‘aquaculture production businesses’ in Article 3(1)(c) of Directive 2006/88/EC. In the interest of the animal health situation within the Community, quarantine facilities in third countries should comply with equivalent requirements as those laid down for aquaculture production businesses in Directive 2006/88/EC.

(8) When quarantine is carried out in the Community it is of vital importance that the transport of the consignments of aquaculture animals to the quarantine facility is monitored to ensure that the animals to be quarantined are transported directly to the quarantine facility in a safe manner.

(9) Quarantine facilities should be constructed and managed in a manner that prevents the spread of diseases between quarantine units and between the quarantine facilities and other aquaculture production businesses.

(10) Certain activities relating to quarantine in the Community fall within the definition of ‘official controls’ in Article 2(1) of Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules(4). Costs relating to quarantine in the Community should therefore be covered by Article 27 of that Regulation, which provides that Member States may collect fees or charges to cover the cost occasioned by official controls.

(11) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

(1)

OJ L 268, 24.9.1991, p. 56.

(2)

OJ L 328, 24.11.2006, p. 14.

(3)

See page 41 of this Official Journal.

(4)

OJ L 165, 30.4.2004, p. 1, as corrected by OJ L 191, 28.5.2004, p. 1.