Commission Implementing Regulation (EU) No 1012/2012Show full title

Commission Implementing Regulation (EU) No 1012/2012

of 5 November 2012

amending Regulation (EC) No 2074/2005 and Regulation (EC) No 1251/2008 as regards the list of vector species, the health requirements and the certification requirements concerning epizootic ulcerative syndrome and as regards the entry for Thailand in the list of third countries from which imports of certain fish and fishery products into the Union are permitted

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin(1), and in particular the second paragraph of Article 9 thereof,

Having regard to Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption(2), and in particular the second paragraph of Article 16 thereof,

Having regard to Council Directive 2006/88/EC of 24 October 2006 on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals(3), and in particular Article 17(2), Articles 22 and 25 and Article 61(3) thereof,

Whereas:

(1) Commission Regulation (EC) No 2074/2005 of 5 December 2005 laying down implementing measures for certain products under Regulation (EC) No 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No 854/2004 of the European Parliament and of the Council and Regulation (EC) No 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No 853/2004 and (EC) No 854/2004(4) lays down model animal health certificates for the introduction into the Union of certain aquatic animals and products of animal origin intended for human consumption.

(2) The model health certificate for imports of fishery products intended for human consumption, set out in Appendix IV of Annex VI to Regulation (EC) No 2074/2005, contains an animal health attestation with regard to the requirements for susceptible species to certain diseases listed in Part II of Annex IV to Directive 2006/88/EC, including epizootic ulcerative syndrome.

(3) 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(5) lays down animal health conditions and certification requirements for imports into the Union of certain aquaculture animals and of certain products thereof.

(4) Annex I to Regulation (EC) No 1251/2008 sets out a list of vector species for the diseases listed in Part II of Annex IV to Directive 2006/88/EC. The vector species for epizootic ulcerative syndrome are currently included in that list.

(5) Annex III to Regulation (EC) No 1251/2008 sets out, inter alia, the list of third countries, territories, zones or compartments from which the import into the Union of ornamental fish susceptible to one or more of the diseases listed in Annex IV to Directive 2006/88/EC and intended for closed ornamental facilities is permitted.

(6) India and Vietnam are listed in that Annex to make the import of fish species susceptible to epizootic ulcerative syndrome subject to specific animal health provisions eliminating the risks of that disease.

(7) In addition, the model animal health certificates set out in Parts A and B of Annex IV to Regulation (EC) No 1251/2008 contain animal health attestations with regard to the requirements for susceptible species and vector species to certain diseases listed in Part II of Annex IV to Directive 2006/88/EC, including epizootic ulcerative syndrome.

(8) Directive 2006/88/EC, as amended by Commission Implementing Directive 2012/31/EU(6), no longer lists epiizootic ulcerative syndrome (EUS) as an exotic disease in Part II of Annex IV thereto.

(9) For reasons of consistency and clarity of Union law, Regulation (EC) No 2074/2005 and Regulation (EC) No 1251/2008 should be amended in order to remove the provisions therein making references to epizootic ulcerative syndrome.

(10) Following the removal of epizootic ulcerative syndrome from the list in Part II of Annex IV to Directive 2006/88/EC the corresponding animal health provisions applicable to India and Vietnam have become redundant and therefore those countries should be removed from the list of countries that are to apply disease specific animal health measures to aquatic animals intended for export to the Union.

(11) Thailand is listed in Annex III to Regulation (EC) No 1251/2008, as a third county from which imports of cyprinidae intended for farming, relaying areas, put and take fisheries and open and closed ornamental facilities into the Union is permitted. Thailand has request to be listed in Annex III for the purposes of permitting exports of also other fish species from that third country into the Union.

(12) An inspection by the Food and Veterinary Office (FVO) concerning aquatic animal health was carried out in Thailand in November 2009. The FVO recommendations following that inspection have been satisfactorily implemented by the competent authority in Thailand. It is therefore appropriate to permit imports into the Union from that third country also of other fish species. The entry for Thailand in Annex III to Regulation (EC) No 1251/2008 should therefore be amended accordingly.

(13) Regulation (EC) No 2074/2005 and Regulation (EC) No 1251/2008 should therefore be amended accordingly.

(14) It is appropriate to provide for transitional measures to allow Member States and the industry to take the necessary measures to comply with the requirements laid down in this Regulation.

(15) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS REGULATION:

Article 1 U.K.

Appendix IV of Annex VI to Regulation (EC) No 2074/2005 is replaced by the text in Annex I to this Regulation.

Article 2 U.K.

Annexes I, III and IV to Regulation (EC) No 1251/2008 are amended in accordance with Annex II to this Regulation.

Article 3 U.K.

For a transitional period until 1 March 2013, consignments of aquatic animals accompanied by animal health certificates issued in accordance with the models set out in Part A or B of Annex IV to Regulation (EC) No 1251/2008, and fishery products accompanied by animal health certificates issued in accordance with the model set out in Appendix IV of Annex VI to Regulation (EC) No 2074/2005, in their version prior to the amendments introduced by this Regulation, may be placed on the market or introduced into the Union provided that they reach their place of final destination before that date.

Article 4 U.K.

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX I U.K.

‘Appendix IV to Annex VI U.K. Model health certificate for imports of fishery products intended for human consumption

’

ANNEX II U.K.

Annexes I, III and IV to Regulation (EC) No 1251/2008 are amended as follows:

(1)

in Annex I, the entry for epizootic ulcerative syndrome is deleted.

(2)

Annex III is replaced by the following:

‘ANNEX III U.K. List of third countries, territories, zones or compartments (7) (referred to in Article 10(1) and Article 11)

a Apply to all fish species.
b Apply only to Cyprinidae.
c 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.
d 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.
e 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.
f Apply only to imports of 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.
g For the purposes of this Regulation United States includes Puerto Rico, U.S. Virgin Islands, American Samoa, Guam and Northern Mariana Islands.’
Country/territory		Aquaculture Species			Zone/Compartment
ISO-code	Name	Fish	Molluscs	Crustaceans	Code	Description
AU	Australia	Xa
BR	Brazil	Xb
CA	Canada	X			CA 0c	Whole territory
					CA 1d	British Columbia
					CA 2d	Alberta
					CA 3d	Saskatchewan
					CA 4d	Manitoba
					CA 5d	New Brunswick
					CA 6d	Nova Scotia
					CA 7d	Prince Edward Island
					CA 8d	Newfoundland and Labrador
					CA 9d	Yukon
					CA 10d	Northwest Territories
					CA 11d	Nunavut
CL	Chile	Xa				Whole country
CN	China	Xb				Whole country
CO	Colombia	Xb				Whole country
CG	Congo	Xb				Whole country
CK	Cook Islands	Xf	Xf	Xf		Whole country
HR	Croatia	Xa				Whole country
HK	Hong Kong	Xb				Whole country
ID	Indonesia	Xa				Whole country
IL	Israel	Xa				Whole country
JM	Jamaica	Xb				Whole country
JP	Japan	Xb				Whole country
KI	Kiribati	Xf	Xf	Xf		Whole country
LK	Sri Lanka	Xb				Whole country
MH	Marshall Islands	Xf	Xf	Xf		Whole country
MKe	the former Yugoslav Republic of Macedonia	Xb				Whole country
MY	Malaysia	Xb				Peninsular, Western Malaysia
NR	Nauru	Xf	Xf	Xf		Whole country
NU	Niue	Xf	Xf	Xf		Whole country
NZ	New Zealand	Xa				Whole country
PF	French Polynesia	Xf	Xf	Xf		Whole country
PG	Papua New Guinea	Xf	Xf	Xf		Whole country
PN	Pitcairn Islands	Xf	Xf	Xf		Whole country
PW	Palau	Xf	Xf	Xf		Whole country
RU	Russia	Xa				Whole country
SB	Solomon Islands	Xf	Xf	Xf		Whole country
SG	Singapore	Xb				Whole country
ZA	South Africa	Xa				Whole country
TW	Taiwan	Xb				Whole country
TH	Thailand	Xa				Whole country
TR	Turkey	Xa				Whole country
TK	Tokelau	Xf	Xf	Xf		Whole country
TO	Tonga	Xf	Xf	Xf		Whole country
TV	Tuvalu	Xf	Xf	Xf		Whole country
US	United Statesg	X		X	US 0c	Whole country
		X			US 1d	Whole country, except the following states: New York, Ohio, Illinois, Michigan, Indiana, Wisconsin, Minnesota and Pennsylvania
			X		US 2	Humboldt Bay (California)
					US 3	Netarts Bay (Oregon)
					US 4	Wilapa Bay, Totten Inlet, Oakland Bay, Quilcence Bay and Dabob Bay (Washington)
					US 5	NELHA (Hawaii)
WF	Wallis and Futuna	Xf	Xf	Xf		Whole country
WS	Samoa	Xf	Xf	Xf		Whole country

(3)

in Annex IV, Parts A and B are replaced by the following:

‘PART A U.K. Model animal health certificate for the import into the European Union of aquaculture animals for farming, relaying, put and take fisheries and open ornamental facilities

PART B U.K. Model animal health certificate for the import into the European Union of ornamental aquatic animals intended for closed ornamental facilities

’

(1)

OJ L 139, 30.4.2004, p. 55.

(2)

OJ L 139, 30.4.2004, p. 206.

(3)

OJ L 328, 24.11.2006, p. 14.

(4)

OJ L 338, 22.12.2005, p. 27.

(5)

OJ L 337, 16.12.2008, p. 41.

(6)

OJ L 297, 26.10.2012, p. 26.

(7)

According to Article 11 ornamental fish which are not of species susceptible 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 also be imported into the Union from third countries or territories that are members of the World Organisation for Animal health (OIE).