Placing on the market ( i.e. Legislation on intra-Community trade and imports)

In the field of aquaculture, the relevant legislation governs any placing on the market within each Member State, the intra-community trade (i.e. trade between Member States) and imports into the European Union. In general terms, this means that aquaculture animals and products from both within the EU and from third countries must broadly fulfil similar animal health requirements before they can be moved across national boarders.

The animal health conditions governing the placing on the market of aquaculture animals and products are defined in Council Directive 91/67/EC of 28 January 1991. This Directive has been amended several times in order to update our legislation to new situations and new scientific knowledge.

Because the animal health situation is not the same throughout the territory of the Community, the movement regulations are based on the concept of approved (disease free) zones and farms for list II diseases in Annex A of Directive 91/67/EC. The Directive lays down the criteria and procedures for the granting, maintenance, suspension, restoration and withdrawal of approval of such zones and farms as well as certification requirements for movement into disease free zones/farms. It also contains rules governing import from third countries.

The diseases and susceptible fish/ mollusc species covered by the Directive are categorised in three lists. List I disease (Infectious Salmon Anaemia - ISA) is considered exotic in the Community and fish infected with such disease are killed and destroyed as soon as possible to prevent the spread of the disease. Where fish are suspected of being infected or infected with a list I disease, movement of fish, whether dead or alive, eggs and gametes are not allowed without the authorisation of the official service.

List II diseases are important endemic diseases that should be contained and eradicated in the long term.

List III diseases are less severe diseases. A Member State can apply for additional guarantees to control the spread of fish diseases listed in list III to the Directive. It can either apply for a control programme or status as free for one or more of the enlisted diseases.

Legislation

- Basic texts :

Council Directive 91/67/EC of 28 January 1991concerning the animal health conditions governing the placing on the market of aquaculture animals and products.
     As amended by
        Council Directive 93/54/EEC
        Council Directive 95/22/EC
        Council Directive 97/79/EC
        Council Directive 98/45/EC
        Council Regulation No 806/2003

- Commission decisions :

• Approval of zones and farms

Commission Decision 94/722/EC of 25 October 1994 approving the programme concerning bonamiosis and marteiliosis submitted by France (Only the French text is authentic)

Commission Decision 2002/308/EC: Commission Decision of 22 April 2002 establishing lists of approved zones and approved farms with regard to one or more of the fish diseases viral haemorrhagic septicaemia (VHS) and infectious haematopoietic necrosis (IHN)
     As amended by
        Commission Decisions 2002/536/EC
        Commission Decision 2002/1005/EC
        Commission Decision 2003/114/EC
        Commission Decision 2003/458/EC
        Commission Decisions 2003/839/EC
        Commission Decision 2004/373/EC
        Commission Decision 2004/850/EC
        Commission Decision 2005/107/EC
        Commission Decision 2005/475/EC

Commission Decision 2002/300/EC of 18 April 2002 establishing the list of approved zones with regard to Bonamia ostreae and/or Marteilia refringens
     As amended by

        Commission Decision 2003/378/EC
        Commission Decision 2003/729/EC
        Commission Decision 2005/104/EC
        Commission Decision 2005/748/EC

Commission Decision 2003/634/EC of 28 August 2003 repealing Decision 2002/304/EC of 19 April 2002 approving programmes with a view to obtaining the status of approved zones and of approved farms in non-approved zones with regard to one or more of the fish diseases viral haemorrhagic septicaemia (VHS) and infectious haematopoietic necrosis (IHN).
     As amended by

        Commission Decision 2003/904/EC
        Commission Decision 2004/328/EC
        Commission Decision 2005/67/EC
        Commission Decision 2005/414/EC
        Commission Decision 2005/770/EC

• Placing on the market of species referred to in Annex A, column 2, list II

Commission Decision 2003/390/EC of 23 May 2003 establishing special conditions for placing on the market of aquaculture animal species considered not susceptible to certain diseases and the products thereof.

Commission Decision 1999/567/EC of 27 July 1999 laying down the model of the certificate referred to in Article 16(1) of Council Directive 91/67/EEC

• Additional guarantees List III diseases

"> Commission Decision 2004/453/EC of 29 April 2004 implementing Council Directive 91/67/EEC as regards measures against certain diseases in aquaculture animals.

• Rules governing importation from third countries

Commission Decision 2003/858/EC of 21 November 2003 laying down the animal health conditions and certification requirements for imports of live fish, their eggs and gametes intended for farming, and live fish of aquaculture origin and products thereof intended for human consumption
     As amended by

        Commission Decision 2004/454/EC
        Commission Decision 2004/914/EC
        Commission Decision 2005/742/EC

Commission Decision 2003/804/EC of 14 November 2003 laying down the animal health conditions and certification requirements for imports of molluscs, their eggs and gametes for further growth, fattening, relaying or human consumption.
     As amended by

        Commission Decision 2004/319/EC
        Commission Decision 2004/609/EC
        Commission Decision 2004/623/EC
        Commission Decision 2005/409/EC

Guidelines for the interpretation of Decisions 2003/804/EC (molluscs) and 2003/858/EC (fish) on harmonised certificates for the import of aquaculture animals from third countries ( SANCO/10306/2004 R7). The guideline is without any legal binding force.

• Safeguard measures

Council Directive 97/78/EC and Council Directive 91/496/EEC lays down provisions that allow Member States or the Commission to take immediate action in the event that an outbreak of a disease presents a serious threat to animal or public health. Action taken can include the suspension of imports from all or part of the territory concerned or the adoption of special conditions in respect to products from the territory.

Commission decision 2003/71/EC of 29 January 2003 on certain protective measures in respect of infectious salmon anaemia in salmonids in the Faeroe Islands.
     As amended by
        Commission Decision 2003/392/EC
        Commission Decision 2004/160/EC
        Commission Decision 2005/86/EC