Article 3Placing on the market requirements for Crassostrea gigas oysters originating from a containment area referred to in Article 2

1.

Crassostrea gigas oysters originating from containment areas established in accordance with Article 2(2), shall not be moved out of that area.

2.

By way of derogation from paragraph 1, consignments of Crassostrea gigas oysters may be moved out of the containment area where:

(a)

they are intended for another containment area established in accordance with Article 2(2);

(b)

they are originating from a part of the containment area, including hatcheries, not affected by the increased mortalities and the consignment has been subject to:

  1. (i)

    sampling in accordance with Part A of Annex I; and

  2. (ii)

    testing for the presence of OsHV-1 μvar in accordance with the diagnostic methods set out in Part B of Annex I, with all results being negative;

(c)

they are intended for further processing, purification centres, dispatch centres or processing establishments before human consumption which are equipped with an effluent treatment system validated by the competent authority that:

  1. (i)

    inactivates enveloped viruses; or

  2. (ii)

    reduces the risk of transmitting diseases to the natural waters to an acceptable level;

(d)

they are intended for human consumption and packed and labelled for that purpose in accordance with Regulation (EC) No 853/2004 of the European Parliament and of the Council4, and are:
  1. (i)

    no longer able to survive as living animals if returned to the environment from which they originate; or

  2. (ii)

    intended for further processing without temporary storage at the place of processing;

(e)

the consignments or products thereof are intended for human consumption without further processing, provided that they are packed in retail-sale packages which comply with the provisions for such packages in Regulation (EC) No 853/2004.

3.

The consignments referred to in paragraph 2(a) and (b) and intended for farming or relaying areas shall be accompanied by an animal health certificate completed in accordance with the model set out in Annex II to this Regulation and the explanatory notes set out in Annex V to Regulation (EC) No 1251/2008.