
Article 1 

1. This Decision establishes harmonised animal health rules for imports of ornamental fish into the Community.
2. This Decision shall apply to:
(a) fish caught in the wild, imported for the purpose of being used as ornamental fish,
(b) ornamental fish imported by transshippers and wholesalers,
(c) ornamental fish imported into pet shops, garden centres, garden ponds, exhibition aquaria and similar businesses without direct contact with Community waters.
Article 2 
For the purposes of this Decision, in addition to the definitions in Article 2 of Directive 91/67/EEC, the following definitions shall apply:(a) ‘ornamental fish’means fish which are kept, reared, or placed on the market for ornamental purposes only;(b) ‘cold-water ornamental fish’means ornamental fish of species susceptible to one or more of the following diseases: epizootic haematopoietic necrosis (EHN), infectious salmon anaemia (ISA), viral haemorrhagic septicaemia (VHS), infectious haematopoietic necrosis (IHN), spring viraemia of carp (SVC), bacterial kidney disease (BKD), infectious pancreatic necrosis (IPN), Koi herpes virus (KHV) and infection with Gyrodactylus salaris;(c) ‘tropical ornamental fish’means ornamental fish other than cold-water ornamental fish;(d) ‘transshippers’means companies or persons which supply ornamental fish to a number of retailers or wholesalers, by importing the consignments on their behalf, and deliver the separate orders directly to the customers in the Community.
Article 3 
Member States shall authorise imports of cold-water ornamental fish into their territory only if:

((a)) the fish originate from a country listed in:

((i)) Annex I to Decision 2003/858/EC; or
((ii)) Part I of Annex I to this Decision;
((b)) the consignment complies with the guarantees, including those for packaging and labelling and the appropriate specific additional requirements laid down in the animal health certificate, drawn up in conformity with the model in Annex II, taking into account the explanatory notes in Annex III; and
((c)) the fish have been transported under conditions that do not alter their health status.
Article 4 
Member States shall authorise imports of tropical ornamental fish into their territory only if:

((a)) the fish originate from a country listed in Part II of Annex I to this Decision;
((b)) the consignment complies with the guarantees, including those for packaging and labelling and the appropriate specific additional requirements, as laid down in the animal health certificate, drawn up in conformity with the model in Annex IV, taking into account the explanatory notes in Annex III; and
((c)) the fish have been transported under conditions that do not alter their health status.
Article 5 
Ornamental fish imported from third countries shall be subject to veterinary checks at the border inspection post in the Member State of arrival in accordance with Article 8 of Council Directive 91/496/EEC and the common veterinary entry document provided for in Commission Regulation (EC) No 282/2004 shall be completed accordingly.
Article 6 

1. Ornamental fish imported under this Decision shall not be released into fish farms, or other premises from which they could escape into, or otherwise contaminate, natural waters in the Community.
2. Transport water from imported consignments shall be handled in a way which ensures that it does not lead to contamination of natural waters within the Community.
Article 7 
This Decision shall apply six months after the date of publication.
Article 8 
This Decision is addressed to the Member States.
Done at Brussels, 20 September 2006.
For the Commission
Markos KYPRIANOU
Member of the Commission
ANNEX I
PART I

Country Territory Comments
ISO-code Name Code Description 
BR Brazil   Cyprinidae only
CO Colombia   Cyprinidae only
CG Republic of the Congo   Cyprinidae only
MK Former Yugoslav Republic of Macedonia   Cyprinidae only
JM Jamaica   Cyprinidae only
SG Singapore   Cyprinidae only
LK Sri Lanka   Cyprinidae only
TH Thailand   Cyprinidae only



PART II
All countries being a member of the World Organisation for Animal health (OIE).

[List of countries is available on http://www.oie.int/eng/OIE/PM/en_PM.htm]

ANNEX II

ANNEX III (a) The certificates shall be produced by the competent authorities of the exporting country.
 (b) The original of each certificate shall consist of a single page, double-sided, or, where more than one page is required, it shall be in such a form that all pages form part of an integrated whole and are indivisible.
 (c) It shall, on the right hand side of the top of each page, be marked as ‘original’ and bear a specific code number issued by the competent authority. All pages of the certificate shall be numbered — (page number) of (total number of pages).
 (d) 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 EC Member State in which the inspection at the border post shall be carried out and of the EC Member State of destination. However, these Member States may allow other languages, if necessary, accompanied by an official translation.
 (e) The original of the certificate must be completed on the day of loading the consignment for exportation to the EC with an official stamp and signed by an official inspector designated by the competent authority. In doing so, the competent authority of the exporting country shall ensure that the principles of certification equivalent to those laid down in Council Directive 96/93/EC are followed.
 (f) The stamp, unless embossed, and the signature shall be in a colour different to that of the printing.
 (g) The original of the certificate must accompany the consignment until it reaches the EC border inspection post.
 (h) The certificate 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.
 (a) Box I.8 Region of origin: If necessary: concerns only where regionalisation measures or approved zone definition according to this Decision or Decision 2003/858/EC. The regions and the approved zones must be indicated as they appeared in the EU Official Journal.
 (b) Box I.10. Region of destination: Cf. box I.8.
 (c) Box I.13. Place of loading: If different from box I.11. give the place where the animals are loaded and particularly, in case of pre-assembly
 (d) Box I.20. Quantity: give the total gross weight and the total net weight in kg.
 (e) Box I.22. Number of packages: give the number of boxes in which the animals are being transported.
 (f) 

— Quarantine: This refer to quarantine as required under the relevant Community legislation
— Pets: This applies also where ornamental aquatic animals are intended for pet-shops of similar businesses for further sale
— Circus/exhibition: This applies also where ornamental aquatic animals are intended for exhibition aquaria of similar businesses, not for further sale
— ‘Other’: intended for purposes not listed elsewhere in this classification, such as private import or trough transhippers.
 (g) Box I.28 The common name of the species may be included together with the scientific name.

ANNEX IV
