This Directive establishes minimum Community measures for the control of the diseases affecting bivalve molluscs referred to in this Directive.
Council Directive 95/70/EC of 22 December 1995 introducing minimum Community measures for the control of certain diseases affecting bivalve molluscs
Council Directive 95/70/EC of 22 December 1995 introducing minimum Community measures for the control of certain diseases affecting bivalve molluscs
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Parliament(2),
Whereas molluscs are listed in Annex II to the Treaty; whereas the marketing of molluscs constitutes an important source of revenue for the aquaculture sector;
Whereas the mollusc diseases referred to in Annex A, list II, to Council Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products(3), have a very serious effect on the shellfish industry; whereas other diseases having a similar effect occur in third countries, whereas a list of such diseases should be drawn up and the Commission should be given the ability to adjust that list in the light of developments in the animal-health field;
Whereas an outbreak of such diseases can quickly take on epizootic proportions, causing mortality and disturbances on a scale liable considerably to reduce the profitability of shellfish-farming;
Whereas it is therefore necessary to establish at Community level the measures to be taken in the event of outbreaks of disease, in order to ensure rational development of shellfish-farming and to contribute to the protection of animal health in the Community;
Whereas Member States should report to the Commission and the other Member States all cases of abnormal mortality observed in bivalve molluscs;
Whereas, in such an event, measures must be taken aimed at preventing the spread of the disease, in particular with regard to the removal of live bivalve molluscs from the farms or zones concerned;
Whereas a thorough epidemiological investigation is essential to determine the origin of the disease and to prevent further spread;
Whereas, in order to ensure an effective system of control, diagnosis of the diseases must be harmonized and carried out under the auspices of responsible laboratories, the coordination of which may be ensured by a reference laboratory designated by the Community;
Whereas, in order to ensure uniform implementation of this Directive, a Community inspection procedure should be established;
Whereas common measures for the control of diseases form a minimum basis for maintaining a uniform standard of animal health;
Whereas the Commission should be entrusted with the task of adopting the necessary implementing measures,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Article 2
1.
For the purposes of this Directive, the definitions laid down in Article 2 of Directive 91/67/EEC and Article 2 of Directive 91/492/EEC(4) shall apply as necessary.
2.
In addition, ‘observed abnormal mortality’ shall mean sudden mortality affecting approximately 15 % of stocks and occurring over a short period between two inspections (confirmed within 15 days). In hatchery a mortality shall be considered abnormal when the farmer cannot obtain larvae during a period which included successive spawns from different broodstocks. In nursery a mortality shall be considered abnormal when a sudden sizeable mortality occurs in a short time on a number of tubes.
Article 3
Member States shall ensure that all farms rearing bivalve molluscs:
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are registered by the official service; this registration must be kept constantly up to date;
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keep a record of:
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live bivalve molluscs entering the farm, containing all information relating to their delivery, their number or weight, their size and their origin;
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bivalve molluscs leaving the farm for reimmersion, containing all information relating to their dispatch, their number or weight, their size and destination;
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observed abnormal mortality.
This record, which shall be open to scrutiny by the official service at all times, on demand, shall be updated regularly and kept for four years.
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Article 4
1.
Member States shall ensure that a monitoring and sampling programme is applied in bivalve mollusc farms, farming areas and harvested natural beds in order to observe whether there is an abnormal mortality and keep track of the health situation of stocks.
In addition, the official service may apply the above programme to purification centres and storage tanks which discharge water into the sea.
If, during application of this programme, any abnormal mortality is observed, or if the official service has information giving it reason to suspect the presence of diseases, the following measures shall be taken:
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a list shall be drawn up of the sites where the diseases referred to in Annex A, list II to Directive 91/67/EEC are present, provided that such diseases are not the subject of a programme approved pursuant to the aforementioned Directive,
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a list shall be drawn up of the sites at which abnormal mortality has been observed as a result of the presence of the diseases referred to in Annex D, or on which the official service has information giving it reason to suspect the presence of diseases,
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monitoring of the evolution and geographical spread of the diseases referred to in the first and second indents.
2.
The detailed rules for implementing this Article, and inter alia the rules to be applied for establishing the programme referred to in paragraph 1, particularly as regards the frequency and timetable of monitoring, procedures for taking samples (statistically representative volume) and methods of diagnosis, shall be adopted in accordance with the procedure provided for in Article 10.