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Commission Regulation (EC) No 1251/2008Show full title

Commission Regulation (EC) No 1251/2008 of 12 December 2008 implementing Council 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 (Text with EEA relevance)

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ANNEX I

List of possible vector species and the conditions under which those species shall be regarded as vectors

DiseasesVectors
Species which shall be regarded as vectors for the purposes of Article 17(1) and (2) where the additional conditions set out in Columns 3 and 4 of this table are fulfilledAdditional conditions related to the place of origin of the aquatic animals of the species listed in Column 2Additional conditions related to the place of destination of the aquatic animals of the species listed in Column 2
Column 1Column 2Column 3Column 4
Epizootic haematopoietic necrosisBighead carp (Aristichthys nobilis), goldfish (Carassius auratus), crucian carp (C. carassius), common carp and koi carp (Cyprinus carpio), silver carp (Hypophtalmichthys molitrix), Chub (Leuciscus spp), Roach (Rutilus rutilus), Rudd (Scardinius erythrophthalmus), tench (Tinca tinca)No additional conditionsNo additional conditions
Epizootic ulcerative syndrome

Bighead carp (Aristichthys nobilis), goldfish (Carassius auratus), crucian carp (C. carassius), common carp and koi carp (Cyprinus carpio), silver carp (Hypophtalmichthys molitrix), Chub (Leuciscus spp), Roach (Rutilus rutilus), Rudd (Scardinius erythrophthalmus), tench (Tinca tinca)

Swan mussel (Anodonta cygnea), Noble crayfish (Astacus astacus), Signal crayfish (Pacifastacus leniusculus), Redswamp crayfish (Procambarus clarkii)

No additional conditionsNo additional conditions
Infection with Bonamia exitiosaPortuguese oyster (Crassostrea angulata), Pacific cupped oyster (Crassostrea gigas), American cupped oyster (Crassostrea virginica)Aquatic animals of the species listed in Column 2 shall only be regarded as vectors for the disease listed in Column 1 where they originate from a farm or mollusc farming area where species susceptible to that disease are present.Aquatic animals of the species listed in Column 2 shall only be regarded as vectors for the disease listed in Column 1 where they are intended for a farm or mollusc farming area keeping species susceptible to that disease.
Infection with Perkinsus marinusEuropean lobster (Homarus gammarus), Marine crabs (Brachyura spp.), Yabi crayfish (Cherax destructor), Giant river prawn (Macrobrachium rosenbergii), Spiny lobsters (Palinurus spp.), Swimming crab (Portunus puber), Indopacific swamp crab (Scylla serrata), Indian white prawn (Penaeus indicus), Kuruma prawn (Penaeus japonicus), Caramote prawn (Penaeus kerathurus), Blue shrimp (Penaeus stylirostris), Whiteleg shrimp (Penaeus vannamei)Aquatic animals of the species listed in Column 2 shall only be regarded as vectors for the disease listed in Column 1 where they originate from a farm or mollusc farming area where species susceptible to that disease are present.Aquatic animals of the species listed in Column 2 shall only be regarded as vectors for the disease listed in Column 1 where they are intended for a farm or mollusc farming area keeping species susceptible to that disease.
Infection with Microcytos mackiniNoneNot applicableNot applicable
Taura syndrome

Penshells (Atrina spp.), Common whelk (Buccinum undatum), Portuguese oyster (Crassostrea angulata), Common edible cockle (Cerastoderma edule), Pacific cupped oyster (Crassostrea gigas), American cupped oyster (Crassostrea virginica), Wedge shell (Donax trunculus), Ezo abalone (Haliotis discus hannai), Tuberculate abalone (Haliotis tuberculata), Periwinkles (Littorina littorea), Northern quahog (Mercenaria mercenaria), Japanese hard clam (Meretrix lusoria), Sand gaper (Mya arenaria), Blue mussel (Mytilus edulis), Mediterranean mussel (Mytilus galloprovincialis), Octopus (Octopus vulgaris), European flat oyster (Ostrea edulis), Great Atlantic scallop (Pecten maximus), Grooved carpet shell (Ruditapes decussatus), Japanese carpet shell (Ruditapes philippinarum), Common cuttlefish (Sepia officinalis), Stromboid conchs (Strombus spp.), European aurora venus clam (Venerupis aurea), Pullet carpet shell (Venerupis pullastra), Warty venus (Venus verrucosa)

European lobster (Homarus gammarus), Marine crabs (Brachyura spp.), Yabi crayfish (Cherax destructor), Giant river prawn (Macrobrachium rosenbergii), Spiny lobsters (Palinurus spp), Swimming crab (Portunus puber), Indopacific swamp crab (Scylla serrata), Indian white prawn (Penaeus indicus), Kuruma prawn (Penaeus japonicus), Caramote prawn (Penaeus kerathurus).

Aquatic animals of the species listed in Column 2 shall only be regarded as vectors for the disease listed in Column 1 where they originate from a farm where species susceptible to that disease are present.Aquatic animals of the species listed in Column 2 shall only be regarded as vectors for the disease listed in Column 1 where they are intended for a farm keeping species susceptible to that disease.
Yellowhead diseasePenshells (Atrina spp.), Common whelk (Buccinum undatum), Portuguese oyster (Crassostrea angulata), Common edible cockle (Cerastoderma edule), Pacific cupped oyster (Crassostrea gigas), American cupped oyster (Crassostrea virginica), Wedge shell (Donax trunculus), Ezo abalone (Haliotis discus hannai), Tuberculate abalone (Haliotis tuberculata), Periwinkles (Littorina littorea), Northern quahog (Mercenaria mercenaria), Japanese hard clam (Meretrix lusoria), Sand gaper (Mya arenaria), Blue mussel (Mytilus edulis), Mediterranean mussel (Mytilus galloprovincialis), Octopus (Octopus vulgaris), European flat oyster (Ostrea edulis), Great Atlantic scallop (Pecten maximus), Grooved carpet shell (Ruditapes decussatus), Japanese carpet shell (Ruditapes philippinarum), Common cuttlefish (Sepia officinalis), Stromboid conchs (Strombus spp.), European aurora venus clam (Venerupis aurea), Pullet carpet shell (Venerupis pullastra), Warty venus (Venus verrucosa)Aquatic animals of the species listed in Column 2 shall only be regarded as vectors for the disease listed in Column 1 where they originate from a farm where species susceptible to that disease are present.No additional conditions apply related to the place of destination.
Viral haemorrhagic septicaemia (VHS)Beluga (Huso huso), Danube sturgeon (Acipenser gueldenstaedtii), Sterlet sturgeon (Acipenser ruthenus), Starry sturgeon (Acipenser stellatus), Sturgeon (Acipenser sturio), Siberian Sturgeon (Acipenser Baerii)Aquatic animals of the species listed in Column 2 shall only be regarded as vectors for the disease listed in Column 1 where they originate from a farm or river catchment area where species susceptible to that disease are present.Aquatic animals of the species listed in Column 2 shall only be regarded as vectors for the disease listed in Column 1 where they are intended for a farm keeping species susceptible to that disease.

Bighead carp (Aristichthys nobilis), goldfish (Carassius auratus), Crucian carp (C. carassius), common carp and koi carp (Cyprinus carpio), silver carp (Hypophtalmichthys molitrix), Chub (Leuciscus spp), Roach (Rutilus rutilus), Rudd (Scardinius erythrophthalmus), tench (Tinca tinca)

North African catfish (Clarias gariepinus), Northern pike (Esox lucius) Catfish (Ictalurus spp.), Black bullhead (Ameiurus melas), Channel catfish (Ictalurus punctatus), Pangas catfish (Pangasius pangasius), Pike perch (Sander lucioperca), Wels catfish (Silurus glanis)

European seabass (Dicentrarchus labrax), Striped bass (Morone chrysops x M. saxatilis), Flathead grey mullet (Mugil cephalus), Red drum (Sciaenops ocellatus), Meagre (Argyrosomus regius), Shi drum (Umbrina cirrosa), True tunas (Thunnus spp.), Atlantic bluefin tuna (Thunnus thynnus), White Grouper (Epinephelus aeneus), Dusky grouper (Epinephelus marginatus), Senegalese solea (Solea senegalensis), Common sole (Solea solea), Common pandora (Pagellus erythrinus), Common dentex (Dentex dentex), Gilthead seabream (Sparus aurata), White seabream (Diplodus sargus), Black spot seabream (Pagellus bogaraveo), Red Sea Bream (Pagrus major), Diplodus vulgaris, Sharop snout seabream (Diplodus puntazzo), Common two banded seabream (Diplodus vulgaris), Red porgy (Pagrus pagrus)

Tilapia spp (Oreochromis)

Aquatic animals of the species listed in Column 2 shall only be regarded as vectors for the disease listed in Column 1 where they originate from a farm where species susceptible to that disease are present.Aquatic animals of the species listed in Column 2 shall only be regarded as vectors for the disease listed in Column 1 where they are intended for a farm keeping species susceptible to that disease.
Infectious haematopoietic necrosis (IHN)

Beluga (Huso huso), Danube sturgeon (Acipenser gueldenstaedtii), Sterlet sturgeon (Acipenser ruthenus), Starry sturgeon (Acipenser stellatus), Sturgeon (Acipenser sturio), Siberian Sturgeon (Acipenser Baerii)

Bighead carp (Aristichthys nobilis), goldfish (Carassius auratus), crucian carp (C. carassius), common carp and koi carp (Cyprinus carpio), silver carp (Hypophtalmichthys molitrix), Chub (Leuciscus spp), Roach (Rutilus rutilus), Rudd (Scardinius erythrophthalmus) tench (Tinca tinca)

North African catfish (Clarias gariepinus), Catfish (Ictalurus spp.), Black bullhead (Ameiurus melas), Channel catfish (Ictalurus punctatus), Pangas catfish (Pangasius pangasius), Pike perch (Sander lucioperca), Wels catfish (Silurus glanis)

Atlantic halibut (Hippoglossus hippoglossus), Flounder (Platichthys flesus), Atlantic cod (Gadus morhua), Haddock (Melanogrammus aeglefinus)

Noble crayfish (Astacus astacus), Signal crayfish (Pacifastacus leniusculus), Redswamp crayfish (Procambarus clarkii)

Aquatic animals of the species listed in Column 2 shall only be regarded as vectors for the disease listed in Column 1 where they originate from a farm where species susceptible to that disease are present.Aquatic animals of the species listed in Column 2 shall only be regarded as vectors for the disease listed in Column 1 where they are intended for a farm keeping species susceptible to that disease.
Koi herpes virus (KHV) diseaseNoneNot applicableNot applicable
Infectious salmon anaemia (ISA)NoneNot applicableNot applicable
Infection with Marteilia refringensCommon edible cockle (Cerastoderma edule), Wedge shell (Donax trunculus), Sand gaper (Mya arenaria), Northern quahog (Mercenaria mercenaria), Japanese hard clam (Meretrix lusoria), Grooved carpet shell (Ruditapes decussatus), Japanese carpet shell (Ruditapes philippinarum), European aurora venus clam (Venerupis aurea), Pullet carpet shell (Venerupis pullastra), Warty venus (Venus verrucosa)Aquatic animals of the species listed in Column 2 shall only be regarded as vectors for the disease listed in Column 1 where they originate from a farm or mollusc farming area where species susceptible to that disease are present.Aquatic animals of the species listed in Column 2 shall only be regarded as vectors for the disease listed in Column 1 where they are intended for a farm keeping species susceptible to that disease.
Infection with Bonamia ostreae

Common edible cockle (Cerastoderma edule), Wedge shell (Donax trunculus), Sand gaper (Mya arenaria), Northern quahog (Mercenaria mercenaria), Japanese hard clam (Meretrix lusoria), Grooved carpet shell (Ruditapes decussatus), Japanese carpet shell (Ruditapes philippinarum), European aurora venus clam (Venerupis aurea), Pullet carpet shell (Venerupis pullastra), Warty venus (Venus verrucosa)

Great Atlantic scallop (Pecten maximus)

Aquatic animals of the species listed in Column 2 shall only be regarded as vectors for the disease listed in Column 1 where they originate from a farm or mollusc farming area where species susceptible to that disease are present.Aquatic animals of the species listed in Column 2 shall only be regarded as vectors for the disease listed in Column 1 where they are intended for a farm or mollusc farming area keeping species susceptible to that disease.
White spot diseasePenshells (Atrina spp.), Common whelk (Buccinum undatum), Portuguese oyster (Crassostrea angulata), Common edible cockle (Cerastoderma edule), Pacific cupped oyster (Crassostrea gigas), American cupped oyster (Crassostrea virginica), Wedge shell (Donax trunculus, Ezo abalone (Haliotis discus hannai), Tuberculate abalone (Haliotis tuberculata), Periwinkles (Littorina littorea), Northern quahog (Mercenaria mercenaria), Japanese hard clam (Meretrix lusoria), Sand gaper (Mya arenaria), Blue mussel (Mytilus edulis), Mediterranean mussel (Mytilus galloprovincialis), Octopus (Octopus vulgaris), European flat oyster (Ostrea edulis), Great Atlantic scallop (Pecten maximus), Grooved carpet shell (Ruditapes decussatus), Japanese carpet shell (Ruditapes philippinarum), Common cuttlefish (Sepia officinalis), Stromboid conchs (Strombus spp.), European aurora venus clam (Venerupis aurea), Pullet carpet shell (Venerupis pullastra), Warty venus (Venus verrucosa)Aquatic animals of the species listed in Column 2 shall only be regarded as vectors for the disease listed in Column 1 where they originate from a farm where species susceptible to that disease are present.Aquatic animals of the species listed in Column 2 shall only be regarded as vectors for the disease listed in Column 1 where they are intended for a farm keeping species susceptible to that disease.

ANNEX II

PART AModel animal health certificate for the placing on the market of aquaculture animals for farming, relaying, put and take fisheries, open ornamental facilities and restocking

PART BModel animal health certificate for the placing on the market of aquaculture animals or products thereof intended for further processing, dispatch centres and purification centres and similar businesses before human consumption

ANNEX IIIThird countries, territories, zones or compartments from which import are permitted of aquaculture animals intended for farming, put and take fisheries and open ornamental facilities, and ornamental fish susceptible to one or more of the diseases listed in Part II of Annex IV to Directive 2006/88/EC and intended for closed ornamental facilities(1)

a

Apply to all fish species.

b

Apply only to fish species susceptible to Epizootic ulcerative syndrome according to Part II of Annex IV to Directive 2006/88/EC intended for closed ornamental facilities and Cyprinidae.

c

Apply only to fish species susceptible to Epizootic ulcerative syndrome according to Part II of Annex IV to Directive 2006/88/EC intended for closed ornamental facilities.

d

Apply not to fish species susceptible to or vector species for viral haemorrhagic septicaemia according to Part II of Annex IV to Directive 2006/88/EC.

e

Apply only to fish species susceptible to or vector species for viral haemorrhagic septicaemia according to Part II of Annex IV to Directive 2006/88/EC.

f

Provisional code that does not prejudice in any way the definitive denomination for this country, which will be agreed following the conclusion of the negotiations currently taking place on this subject at the United Nations.

Country/territoryAquaculture SpeciesZone/Compartment
ISO-codeNameFishMolluscsCrustaceansCodeDescription
AUAustraliaXa
BRBrazilXb
CACanadaXCA 0dWhole territory
CA 1eBritish Columbia
CA 2eAlberta
CA 3eSaskatchewan
CA 4eManitoba
CA 5eNew Brunswick
CA 6eNova Scotia
CA 7ePrince Edward Island
CA 8eNewfoundland and Labrador
CA 9eYukon
CA 10eNorthwest Territories
CA 11eNunavut
CLChileXaWhole country
CNChinaXbWhole country
COColombiaXbWhole country
CGCongoXbWhole country
HRCroatiaXaWhole country
HKHong KongXbWhole country
INIndiaXcWhole country
IDIndonesiaXaWhole country
ILIsraelXaWhole country
JMJamaicaXbWhole country
JPJapanXbWhole country
LKSri LankaXbWhole country
MKfFormer Yugoslav Republic of MacedoniaXbWhole country
MYMalaysiaXbPeninsular, Western Malaysia
NZNew ZealandXaWhole country
RURussiaXaWhole country
SGSingaporeXbWhole country
ZASouth AfricaXaWhole country
TWTaiwanXbWhole country
THThailandXbWhole country
TRTurkeyXaWhole country
USUnited StatesXUS 0dWhole country
XUS 1eWhole country, except the following states: New York, Ohio, Illinois, Michigan, Indiana, Wisconsin, Minnesota and Pennsylvania
XUS 2Humboldt Bay (California)
US 3Netarts Bay (Oregon)
US 4Wilapa Bay, Totten Inlet, Oakland Bay, Quilcence Bay and Dabob Bay (Washington)
US 5NELHA (Hawaii)
VNVietnamXc

ANNEX IV

PART AModel animal health certificate for the import into the European Community of aquaculture animals for farming, relaying, put and take fisheries and open ornamental facilities

PART BModel animal health certificate for the import into the European Community of ornamental aquatic animals intended for closed ornamental facilities

PART CModel animal health certificate for transit/storage of live aquaculture animals, fish eggs and uneviscerated fish intended for human consumption

PART DAddendum for transport of live aquaculture animals by sea (To be completed and attached to the animal health certificate where transport to the European Community border includes transport by ship, even for part of the journey.)

ANNEX VExplanatory notes

(a)The certificates shall be produced by the competent authorities of the country of origin, based on the appropriate model appearing in Annexes II or IV to this Regulation taking into account the place of destination and use of the consignment after the arrival at the destination.

(b)Considering the status of the place of destination as regards non-exotic diseases referred to in Part II of Annex IV to Directive 2006/88/EC in the EU Member State or diseases for which the place of destination has additional guarantees according to Decision 2004/453/EC or measures approved in accordance with Article 43 of Directive 2006/88/EC, the appropriate specific requirements shall be incorporated and completed in the certificate.

(c)The ‘Place of origin’ shall be the localisation of the farm or mollusc farming area where the aquaculture animals were reared reaching their commercial size relevant for the consignment covered by this certificate. For wild aquatic animals ‘place of origin’ shall be the place of harvest.

(d)The original of the certificate shall consist of a single page printed on both sides or, where more text is required, such that all the pages form a whole and cannot be separated.

(e)For import into the Community from third countries, the original of the certificate and the labels referred to in the model certificate shall be drawn up in at least one official language of the EU Member State where border inspection takes place and of the EU Member State of destination. However, those Member States may allow another Community language instead of their own, accompanied, if necessary, by an official translation.

(f)Where additional pages are attached to the certificate for the purpose of identifying the items making up the consignment, such additional pages shall also be considered to form part of the original of the certificate, provided the signature and stamp of the certifying official inspector appear on each page.

(g)Where the certificate, including any additional pages as provided for in (f), comprises more than one page, each page shall be numbered ‘–x(page number) of y(total number of pages)–’ on the bottom and shall bear the code number of the certificate allocated by the competent authority on the top.

(h)The original of the certificate must be completed and signed by an official inspector not more than 72 hours prior to loading of the consignment, or not more than 24 hours in those cases were the aquaculture animals must be inspected within 24 hours of loading. The competent authorities of the country of origin shall ensure that principles of certification equivalent to those laid down in Directive 96/93/EC are followed.

(i)The colour of the signature shall be different from that of the printing. The same rule shall apply to stamps other than embossed stamps or watermarks.

(j)For import into the Community from third countries, the original of the certificate must accompany the consignment until it reaches the EU border inspection post. For consignments placed on the market within the Community, the original of the certificate must accompany the consignment until it reaches its final destination.

(k)A certificate issued for live aquaculture animals shall be valid for 10 days from the date of issue. In the case of transport by ship, the time of validity is prolonged by the time of journey at sea. To that end, the original of a declaration by the ship's master, drawn up in accordance with the addendum drawn up in conformity with the model laid down in Part D of Annex IV, shall be attached to the animal health certificate.

(l)Please note that the general conditions on the transport of animals laid down in Council Regulation (EC) No 1/2005 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97 may, where applicable, require measures to be taken after entry into the Community if the requirements of that Regulation are not fulfilled.

(1)

According to Article 11 ornamental fish which are not of susceptible species to any of the diseases listed in Part II of Annex IV to Directive 2006/88/EC, and ornamental molluscs and ornamental crustaceans, intended for closed ornamental facilities, may be imported into the Community from third countries or territories that are members of the World Organisation for Animal Health (OIE).

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