Consignments of aquatic animals other than those referred to in points (d), (e) and (f) of Article 172 shall only be permitted to enter the Union if those aquatic animals have been subjected to a clinical inspection by an official veterinarian in the exporting third country or territory, zone or compartment thereof within a period of 72 hours prior to the time of loading for dispatch of the consignment to the Union for the purpose of detection of symptoms of disease and abnormal mortalities.

Consignments of aquatic animals shall only be permitted to enter the Union if the aquatic animals of the consignment comply with the following requirements:

1. (a)

   they were dispatched directly from their establishment of origin to the Union;

2. (b)

   they were not unloaded, moved to another means of transport or unloaded from their container when transported by air, sea, railway or by road, and the water in which they are transported was not changed, in a third country or territory, zone or compartment which is not listed for entry of the particular species and category of aquatic animals into the Union;

3. (c)

   they have not been transported under conditions that have jeopardised their health status, in particular:

   1. (i)

      where relevant, they must have been loaded and transported in water which did not alter their health status;

   2. (ii)

      the means of transport and the containers must have been constructed in such a way that the health status of the aquatic animals was not jeopardised during the transport;

   3. (iii)

      the container or well boat must have been cleaned and disinfected, in accordance with a protocol and with products approved by the competent authority of the third country or territory of origin, prior to loading for dispatch to the Union, which ensure that the health status of the aquatic animals is not jeopardised during transport;

4. (d)

   from the time of loading at the establishment of origin until the time of arrival to the Union, they must not have been transported in the same water or container or well-boat together with aquatic animals which were of a lower health status or which were not intended for entry into the Union;

5. (e)

   where a water exchange is necessary in a third country, territory, zone or compartment which is listed for entry of the particular species and category of aquatic animals into the Union, it must not have jeopardised the health status of the animals being transported and it must have only occurred:

   1. (i)

      in the case of transport on land, at water exchange points approved by the competent authority of the third country or territory where the water exchange takes place;

   2. (ii)

      in the case of transport by well-boat, at a distance which is at least 10 km from any aquaculture establishments which are located en-route from the place of origin to the place of destination in the Union.

When dispatch to the Union of consignments of aquatic animals, includes transport by vessel or well-boat even for part of the journey, those consignments of aquatic animals transported in accordance with Article 167 shall only be permitted to enter the Union if the aquatic animals of the consignment are accompanied by a declaration, attached to the animal health certificate and signed by the master of the vessel on the day of arrival of the vessel at its port of destination, providing the following information:

1. (a)

   the port of departure in the third country or territory;

2. (b)

   the port of arrival in the Union;

3. (c)

   the ports of call, in the case the vessel called at ports outside the third country or territory of origin or zone thereof;

4. (d)

   confirmation of compliance of the consignment of aquatic animals with the relevant requirements set out in Article 167 throughout the journey from the port of departure in the third country or territory to the port of arrival in the Union.

By way of derogation from Article 170, the requirements laid down in that Article shall not apply to the following categories of aquatic animals:

1. (a)

   aquatic animals which are destined for a disease control aquatic food establishment where they are to be processed for human consumption;

2. (b)

   aquatic animals intended for research purposes which are destined for confined establishments which have been approved for that purpose by the competent authority of the Member State of destination;

3. (c)

   wild aquatic animals other than those referred to in point (b) of this Article provided that they have been subject to quarantine in a quarantine establishment which has been approved for that purpose by the competent authority in:

   1. (i)

      the third country of origin; or

   2. (ii)

      the Union;

4. (d)

   molluscs or crustacea which are packed and labelled for human consumption in accordance with Regulation (EC) No 853/2004 and which are no longer able to survive as living animals if returned to the aquatic environment;

5. (e)

   molluscs or crustacea which are packaged and labelled for human consumption in accordance with Regulation (EC) No 853/2004 and which are intended for further processing without temporary storage at the place of processing;

6. (f)

   live bivalve molluscs or crustacea which are intended for human consumption without further processing, provided that they are packaged for retail sale in compliance with the provisions of Regulation (EC) No 853/2004.

By way of derogation from Article 170(1), the requirements laid down in that Article shall not apply to the following products of animal origin from aquatic animals, other than live aquatic animals:

1. (a)

   products of animal origin from aquatic animals, other than live aquatic animals, which are destined for a disease control aquatic food establishment where they are to be processed for human consumption;

2. (b)

   fish intended for human consumption which were slaughtered and eviscerated prior to dispatch to the Union.