
COMMISSION IMPLEMENTING REGULATION (EU) 2016/1096 of 6 July 2016 amending Regulation (EC) No 1251/2008 as regards the requirements for placing on the market of consignments of certain fish species intended for the Member States or parts thereof with national measures for salmonid alphavirus (SAV) approved by Decision 2010/221/EU (Text with EEA relevance) 

THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 2006/88/EC of 24 October 2006 on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals, and in particular Article 43 and Article 61(3) thereof,
Whereas:

(1) Commission Regulation (EC) No 1251/2008 lays down conditions and certification requirements for the placing on the market and the import of aquaculture animals in Member States or parts thereof which are subject to national measures approved by Commission Decision 2010/221/EU.

(2) Decision 2010/221/EU, allows the Member States listed in Annex I or II thereto to impose requirements for the placing on the market and the import of fish species susceptible to salmonid alphavirus (SAV) into areas regarded as free of that disease or covered by an approved surveillance programme. Consignments of fish of species susceptible to SAV intended for farming, relaying areas, put and take fisheries, open ornamental facilities and restocking, introduced into such Member States or parts thereof, should originate from areas with an equivalent health status and be accompanied by an animal health certificate certifying compliance with those requirements.

(3) In order to ensure that those requirements are complied with, it is appropriate to include a reference to SAV in in the model health certificate set out in Part A of Annex II to Regulation (EC) No 1251/2008.

(4) Part C of Annex II to Regulation (EC) No 1251/2008 lists species susceptible to diseases for which national measures are approved under Decision 2010/221/EU. The Aquatic Animal Health Code (Aquatic Code) and the Manual of Diagnostic Tests for Aquatic Animals (Aquatic Manual) adopted by the World Animal Health Organisation (OIE) currently list Atlantic Salmon (Salmo salar), rainbow trout (Oncorynchus mykiss) and brown trout (Salmo trutta) as species susceptible to SAV. In the interest of legal clarity with regard to the scope of Regulation (EC) No 1251/2008, a reference to SAV and to the fish species susceptible to that virus should be included in Part C of Annex II to that Regulation.

(5) Regulation (EC) No 1251/2008 should therefore be amended accordingly.

(6) It is appropriate to allow Member States and the industry sufficient time to take the measures necessary to comply with the requirements laid down in this Regulation.

(7) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,
HAS ADOPTED THIS REGULATION:

Article 1 
Parts A and C of Annex II to Regulation (EC) No 1251/2008 are replaced by the text set out in the Annex to this Regulation.
Article 2 
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 October 2016.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 6 July 2016.
For the Commission
The President
Jean-Claude JUNCKER
ANNEX

Annex II to Regulation (EC) No 1251/2008 is amended as follows:

((1)) Part A is replaced by the following:
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PART A Model animal health certificate for the placing on the market of aquaculture animals for farming, relaying, put and take fisheries, open ornamental facilities and restocking 


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((2)) Part C is replaced by the following:
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PART C List of species susceptible to diseases for which national measures are approved under Decision 2010/221/EU 


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 trout (Salvelinus fontinalis), brown trout (Salmo trutta), Atlantic salmon (Salmo salar) and (Oncorhynchus spp.), whitefish (Coregonus lavaretus)
Infection with salmonid alphavirus (SAV) Atlantic salmon (Salmo salar), rainbow trout (Oncorhynchus mykiss), brown trout (Salmo trutta)
Infection with Gyrodactylus 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)
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