
Article 1 
Regulation (EC) No 1251/2008 is amended as follows:

((1)) in Article 1, point (b)(ii) is replaced by the following:
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((ii)) aquaculture animals intended for farming, relaying areas, put and take fisheries, open ornamental facilities and restocking, and for dispatch centres, purification centres and similar businesses before human consumption in Member States and parts thereof with national measures approved by Commission Decision 2010/221/EU;';
((2)) in Article 8a(1)(a), the following point (iii) is added:
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((iii)) Annex III to Decision 2010/221/EU as subject to a surveillance programme for one or more of the diseases listed in the first column of that table;';
((3)) the following Article 8b is inserted:
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Article 8b 

1. Consignments of live molluscs intended for dispatch centres, purification centres or similar businesses before human consumption shall be accompanied by an animal health certificate completed in accordance with the model set out in Part B of Annex II and the explanatory notes set out in Annex V, where the animals:
(a) are introduced into Member States or parts thereof listed in the second and fourth column of the table set out in Annex III to Decision 2010/221/EU as subject to a surveillance programme for one or more of the diseases listed in the first column of that table;
(b) are of species which are listed in Part C of Annex II as species susceptible to the disease(s), for which a surveillance programme applies in accordance with Decision 2010/221/EU, as referred to in point (a).
2. Consignments of live molluscs referred to in paragraph 1 shall comply with the animal health requirements set out in the model animal health certificate and explanatory notes as referred to in that paragraph.
3. This Article shall not apply to consignments intended for dispatch centres, purification centres or similar businesses which are equipped with an effluent treatment system validated by the competent authority that:
(a) inactivates enveloped viruses; or
(b) reduces the risk of transmitting diseases to the natural waters to an acceptable level.';
((4)) Annex II is replaced by the text in the Annex to this Regulation.
Article 2 

1. For a transitional period until 15 May 2011, consignments of Pacific oysters accompanied by animal health certificates issued in accordance with Part A or B of Annex II to Regulation (EC) No 1251/2008 before the amendments introduced by the present Regulation, and an animal health certificate issued in accordance with Annex II to Regulation (EU) No 175/2010 may be placed on the market provided that they reach their place of final destination before that date.
2. For a transitional period until 1 July 2012, consignments of aquaculture animals accompanied by animal health certificates issued in accordance with Part A or B of Annex II to Regulation (EC) No 1251/2008 before the amendments introduced by the present Regulation, may continue to be placed on the market provided that the animal health attestations as regards OsHV-1 μνar set out in Part II of those certificates are not applicable and they reach their place of final destination before that date.
Article 3 
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
It shall apply from 1 May 2011.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 11 April 2011.
For the Commission
The President
José Manuel BARROSO
ANNEX


ANNEX II 
PART A
PART B
PART C

Disease Susceptible species
Spring Viraemia of Carp (SVC) Bighead carp (Aristichthys nobilis), goldfish (Carassius auratus), crucian carp (Carassius carassius), grass carp (Ctenopharyngodon idellus), common carp and koi carp (Cyprinus carpio), silver carp (Hypophthalmichthys molitrix), sheatfish (Silurus glanis), and tench (Tinca tinca), Orfe (Leuciscus idus)
Bacterial kidney disease (BKD) Family: Salmonidae
Infectious pancreatic necrosis virus (IPN) Rainbow trout (Oncorhynchus mykiss), brook torut (Salvelinus fontinalis), brown trout (Salmo trutta), Atlantic salmon (Salmo salar) and (Oncorhynchus spp.), whitefish (Coregonus lavaretus)
Infection with Gyrodactilys salaris Atlantic salmon (Salmo salar), rainbow trout (Oncorhynchus mykiss), Arctic char (Salvelinus alpinus), North American brook trout (Salvelinus fontinalis), grayling (Thymallus thymallus), North American lake trout (Salvelinus namaycush) and brown trout (Salmo trutta)
Ostreid herpesvirus 1 μνar (OsHV-1 μνar) Pacific oyster (Crassostrea gigas)

