PART IV

REGISTRATION, APPROVAL, TRACEABILITY AND MOVEMENTS
TITLE II

AQUATIC ANIMALS AND PRODUCTS OF ANIMAL ORIGIN FROM AQUATIC ANIMALS
CHAPTER 1

Registration, approval, record-keeping and registers
Section 2

Approval of certain types of aquaculture establishments

Approval of certain aquaculture establishments and delegated acts
Article 176
1
Operators of the following types of aquaculture establishments shall apply to the competent authority for approval in accordance with Article 180(1):
a
aquaculture establishments where aquaculture animals are kept with a view to their being moved therefrom, either alive or as products of aquaculture animal origin;
b
other aquaculture establishments which pose a significant risk due to:
1. the species, categories and number of aquaculture animals kept there;
2. the type of aquaculture establishment concerned;
3. movements of aquaculture animals into and out of the aquaculture establishment concerned.
2
By way of derogation from paragraph 1, Member States may exempt from the obligation to apply for approval operators of the following types of establishment:
a
aquaculture establishments producing a small quantity of aquaculture animals for supply for human consumption either:
1. to the final consumer directly; or
2. to local retail establishments directly supplying the final consumer;
b
ponds and other installations where the population of aquatic animals is maintained only for recreational fishing purposes, by restocking with aquaculture animals which are confined and unable to escape;
c
aquaculture establishments keeping aquaculture animals for ornamental purposes in closed facilities,
provided that the establishment in question does not pose a significant risk.
3
Unless a derogation has been granted under paragraph 4 of this Article, operators shall not commence activity at an aquaculture establishment as referred to in paragraph 1 of this Article until that establishment has been approved in accordance with Article 181(1), and shall cease such activity at an aquaculture establishment referred to in paragraph 1 of this Article where:
a
the competent authority withdraws or suspends its approval in accordance with Article 184(2); or
b
in the event of conditional approval, granted in accordance with Article 183(3), the aquaculture establishment concerned fails to comply with the outstanding requirements referred to in Article 183(4) and does not obtain a final approval in accordance with Article 183(3).
4
The Commission shall be empowered to adopt delegated acts in accordance with Article 264 concerning:
a
derogations from the requirement for operators to apply to the competent authority for approval of the types of aquaculture establishments referred to in point (a) of paragraph 1, concerning types of establishments other than those specified in points (a)(i) and (ii) of paragraph 2, where those establishments do not pose a significant risk;
b
the types of aquaculture establishments which must be approved in accordance with point (b) of paragraph 1.
5
When adopting delegated acts as provided for in paragraph 4, the Commission shall base those acts on the following criteria:
a
the species and categories of aquaculture animals kept in an aquaculture establishment;
b
the type of aquaculture establishment and the type of production; and
c
typical movement patterns of the type of aquaculture establishment concerned and of the species or category of aquaculture animals concerned.
6
An operator may apply for approval of a group of aquaculture establishments, provided that the requirements provided for in points (a) and (b) of the first paragraph of Article 177 are complied with.