Contents
THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’)note, and in particular Article 226(3) thereof,Whereas:
(1)Commission Implementing Decision (EU) 2021/260note establishes lists of Member States and parts thereof which are considered free from certain diseases of aquatic animals, not listed under Article 9(1), point (d) of Regulation (EU) 2016/429, or which are subject to an eradication programme for those diseases.
(2)More particularly, Article 4 of Implementing Decision (EU) 2021/260 lays down the conditions under which aquatic animals of species susceptible to such diseases may be moved between Member States or parts thereof, including the requirement that such animals originate from a Member State or part thereof, which is listed as being free from those diseases.
(3)However, the standards of the World Organisation for Animal Health (OIE)note and practical experience, indicate that it is not always necessary, from an animal health perspective, for live aquatic animals and gametes thereof to originate from a disease-free area if they are destined for an area, which is already disease–free or subject to an eradication programme. In certain cases and concerning certain diseases, the quarantine of aquatic animals in an aquaculture establishment, which has been approved in accordance with Commission Delegated Regulation (EU) 2020/691note, the disinfection of eggs, or keeping aquatic animals in water of a certain salinity under prescribed conditions, may be adequate to mitigate the disease risk.
(4)It is therefore appropriate to amend Implementing Decision (EU) 2021/260, to take account of such risk-mitigating measures, in order to facilitate the safe trade of such commodities.
(5)In addition, Ireland has requested the Commission to delete ‘Compartment 5: Bertraghboy and Galway Bays’, from the list of compartments which are free from Ostreid herpesvirus-1μvar (OsHV-1μvar) in Ireland and to amend Annex I to Implementing Decision (EU) 2021/260 accordingly. Such request has been made for commercial reasons, rather than as a result of a disease outbreak.
(6)Implementing Decision (EU) 2021/260 should therefore, be amended accordingly.
(7)The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,
HAS ADOPTED THIS DECISION:
Article 1#
Implementing Decision (EU) 2021/260 is amended as follows:
(1)Article 4 is replaced by the following:‘Article 4Movements between Member States or parts thereof, of aquatic animals of susceptible species which are subject to national measures including eradication programmes1.Aquatic animals of susceptible species for a particular disease which are listed in the second column of Annex III shall only be moved to Member States or parts thereof which are listed in the second and fourth columns of the tables in Annexes I or II if they:
(a)originate from a Member State or part thereof, which is listed in the second and fourth columns of the table in Annex I as being free from the disease in question;
(a)in the case of wild aquatic animals, they have undergone quarantine in an aquaculture establishment which has been approved in accordance with Article 15 of Delegated Regulation (EU) 2020/691note;
(b)are accompanied by an official certificate issued by the competent authority of the Member State of origin, drawn up in accordance with an appropriate model animal health certificate set out in Chapters 1, 2, 3 or 5 of Annex I to Commission Implementing Regulation (EU) 2020/2236note, specifying the guarantees relevant for the specific national measures in question.
(b)in the case of Member States or parts thereof subject to national measures for infection with Gyrodactylus salaris:
(i)immediately prior to the movement, the aquatic animals have been held under the conditions, set out in Chapter 10.3, Article 10.3.8, point (2) of the World Organisation for Animal Health (OIE) Aquatic Animal Health Codenote;
(ii)the fish eggs have been disinfected and subsequently kept under the conditions, set out in Chapter 10.3, Article 10.3.8, point (3) of the OIE Aquatic Animal Health Code.
2.By way of derogation from paragraph 1, point (a), aquatic animals of susceptible species for a particular disease which are listed in the second column of Annex III, may be moved to Member States or parts thereof which are listed in the second and fourth columns of the tables in Annexes I or II if:
(2)in Annex I, in the row referring to Ostreid herpesvirus-1μvar (OsHV-1μvar), the entry for Ireland is replaced by the text set out in the Annex to this Decision.
Article 2#
This Decision shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
Ostreid herpesvirus -1μvar (OsHV-1 μvar) | Ireland | IE | Compartment 1: Sheephaven BayCompartment 3: Killala, Broadhaven and Blacksod BaysCompartment 4: Streamstown BayCompartment A: Tralee Bay Hatchery
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.