
Article 1 
Decision 2003/858/EC is amended as follows.

1.. Article 2(2)(g) is replaced by:
'
((g)) “farming” means the keeping of aquatic animals on a farm.'
2.. Article 4 is replaced by the following:
'
Article 4 
Member States shall authorise the importation into their territory of live fish of aquaculture origin intended for immediate human consumption or for further processing before human consumption, only if:

((a)) the fish originate in third countries authorised under Article 11 of Directive 91/493/EEC, and comply with the public health certification requirements laid down under that Directive; and
((b)) the consignment complies with the conditions laid down in Article 3(1); or
((c)) the fish is sent directly to an approved import centre to be slaughtered and eviscerated.'
3.. Article 5(2) is replaced by:
'
2. Member States shall ensure that the processing of fish products of aquaculture origin from species susceptible to EHN, ISA, VHS and IHN takes place in approved import centres unless:
(a) the fish have been eviscerated before dispatch to the European Community; or
(b) the place of origin in the third country has a health status as regards EHN, ISA, VHS and IHN, equivalent to the place where they are to be processed.'
4.. Article 6 is replaced by the following:
'
Article 6 
Member States shall authorise the importation into their territory of fish products of aquaculture origin intended for immediate human consumption only if:

((a)) the fish originate in third countries and establishments authorised under Article 11 of Directive 91/493/EEC, and comply with the public health certification requirements laid down under that Directive; and
((b)) the consignment consists of fish products suitable for retail sale to restaurants or directly to the consumer without further processing; and labelled in accordance with the provisions of Directive 91/493/EEC; and
((c)) the consignment complies with the guarantees laid down in the animal health certificate drawn up in conformity with the model in Annex V, taking into account the explanatory notes in Annex III.'
5.. Article 7 is replaced by the following:
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Article 7 

1. Live fish, their eggs and gametes imported for the purpose of farming, and live fish of aquaculture origin imported for the purposes of restocking of put and take fisheries shall be subject to veterinary checks at the border inspection post in the Member State of arrival according to Article 8 of Directive 91/496/EEC, and the common veterinary entry document provided for in Regulation (EC) No 282/2004 shall be completed accordingly.
2. Live fish of aquaculture origin and products thereof imported for immediate human consumption or for further processing before human consumption, shall be subject to veterinary checks at the border inspection post in the Member State of arrival according to Article 8 of Directive 97/78/EC, and the common veterinary entry document provided for in Regulation (EC) No 136/2004 shall be completed accordingly.'
6.. Article 8 is replaced by the following:
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Article 8 

1. Member States shall ensure that imported live fish of aquaculture origin intended for human consumption are not released into natural waters within their territory.
2. Member States shall ensure that imported products of aquaculture origin intended for human consumption do not contaminate any natural waters within their territory.
3. Members States shall ensure that transport water from imported consignments does not lead to contamination of natural waters within their territory.'
7.. Annex II is replaced by Annex I to this Decision.
8.. Annex III is replaced by Annex II to this Decision.
9.. Annex IV is replaced by Annex III to this Decision.
10.. Annex V is replaced by Annex IV to this Decision.
11.. Annex VI is deleted.
Article 2 
This Decision is addressed to the Member States.
Done at Brussels, 16 December 2004.
For the Commission
Markos KYPRIANOU
Member of the Commission
ANNEX I


ANNEX II 









ANNEX II


ANNEX III  (a) The certificates shall be produced by the competent authorities of the exporting country, based on the appropriate model appearing in Annex II, IV or V to this Decision taking into account the destination and use of the fish or products after the arrival in the European Community (EC).
 (b) Considering the status of the place of destination as regards viral haemorrhagic septicaemia (VHS), infectious haematopoietic necrosis (IHN), spring viraemia of carp (SVC), bacterial kidney disease (BKD), infectious pancreatic necrosis (IPN) and Gyrodactylus salaris (G. salaris) in the EC Member State, the appropriate specific additional requirements shall be incorporated and completed in the certificate.
 (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 stamp, unless embossed, and the signature shall be in a colour different to that of the printing.
 (f) If for reasons of identification of the items of the consignment, additional pages are attached to the certificate, these pages shall be considered as forming part of the original and be signed and stamped by the certifying official inspector on each page.
 (g) The original of the certificate must accompany the consignment until it reaches the EC border inspection post.
 (h) The certificate issued for live fish, their eggs and gametes 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.
 (i) The live fish, their eggs and gametes shall not be transported together with other fish, eggs or gametes that, either are not destined to EC, or are of a lower health status. Furthermore, they must not be transported under any other conditions that alter their health status.
 (j) 

 the ‘Place of origin’ should be the localisation of the farm where the fish, eggs or gametes was reared reaching their commercial size relevant for the consignment covered by this certificate.


ANNEX III


ANNEX IV 




ANNEX IV


ANNEX V 

