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Directive 2006/88/EC governs any placing on the market within each Member State, between different 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.
The main principle of these regulations is that aquaculture animals which are intended for a Member State,
zone or compartment declared free of or under a surveillance or an eradication programme as regards a listed disease must originate from
a Third Country, Member State, zone or compartment declared disease free if the animals are susceptible or may act as vector for that disease.
Consequently, whether a movement is in compliance with the animal health placing on the market/import rules will be
mainly determined by the following three factors:
- The health status at the place of destination as regards the diseases listed in Part II of Annex IV
to the Directive. The relevant issue would be whether the place of destination has been declared free of or is under a surveillance or an eradication programme.
- The species in question. The relevant issue would be whether the animal of the consignment are susceptible or regarded as vector species to the diseases listed in
Part II of Annex IV to the Directive.
- The health status at the place of origin.
As a general rule, when the consignment contains susceptible/vector species and
the place of destination has been declared free of or is under surveillance or eradication programme, freedom at the place of origin is required.
Detailed rules can be found in the following implementing measures:
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Commission Regulation (EC) No 1251/2008
implementing Council Directive 2006/88/EC as regards conditions and certification requirements for the placing on the market and the import into the
EU of aquaculture animals and products thereof and laying down a list of vector species, which is amended by:
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Commission Regulation (EC) No 719/2009
amending Regulation (EC) No 1251/2008 as regards the list of third countries and territories from which certain crustaceans and ornamental aquatic animals may be imported into the EU;
- Commission Regulation (EU) No 346/2010 amending Regulation (EC) No 1251/2008 as regards the placing on the market and import requirements for consignments of aquaculture animals intended for Member States or parts thereof with national measures approved by Decision 2010/221/EU;
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Commission Regulation (EU) No 1143/2010 amending Regulation (EC) No 1251/2008 as regards the period of application of the transitional provisions for certain ornamental aquatic animals intended for closed ornamental facilities
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Commission Regulation 350/2011 amending Regulation (EC) No 1251/2008 as regards the placing on the market requirements for consignments of Pacific oysters intended for Member States or parts thereof with national measures regarding ostreid herpes virus 1 μνar (OsHV-1 μνar) approved by Decision 2010/221/EU
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Commission Regulation (EC) No 1252/2008
derogating from Regulation (EC) No 1251/2008 and suspending imports into the EU from Malaysia of consignments of certain aquaculture animals;
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Commission Regulation (EC) No 1250/2008
amending Regulation (EC) No 2074/2005 as regards certification requirements for import of fishery products, live bivalve mollusc, echinoderms, tunicates and marine gastropods intended for human consumption.
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Commission Regulation (EU) No 175/2010
implementing Council Directive 2006/88/EC as regards measures to control increased mortality in oysters of the species Crassostrea gigas in connection with the detection of Ostreid herpesvirus 1 μvar (OsHV-1 μvar), which is amended by:
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Commission Regulation (EU) No 1153/2010 amending Regulation (EU) No 175/2010 by prolonging the period of application of measures to control increased mortality in Pacific oysters (Crassostrea gigas)
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Commission Decision 2008/946/EC implementing Council Directive 2006/88/EC as regards requirements for quarantine of aquaculture animals
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Commission Decision 2010/221/EU
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, which is amended by:
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Commission Decision 2010/761/EU amending Annexes I and II to Decision 2010/221/EU as regards approved national measures by Hungary and the United Kingdom for spring viraemia of carp
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Commission Decision 2011/187/EU amending Decision 2010/221/EU as regards the approval of national measures for preventing the introduction of ostreid herpesvirus 1 μνar (OsHV-1 μνar) into certain areas of Ireland and the United Kingdom
A Guidance document
(last updated 9 March 2010)
has been drafted to provide an introduction into the animal health requirements for placing on the market, import and transit of aquaculture animals according to Council Directive 2006/88/EC and Commission Regulation (EC) No 1251/2008.
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