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Commission Regulation (EC) No 1251/2008 of 12 December 2008 implementing Council Directive 2006/88/EC as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species (Text with EEA relevance)

Commission Regulation (EC) No 1251/2008 of 12 December 2008 implementing Council Directive 2006/88/EC as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species (Text with EEA relevance)

CHAPTER I SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1 Subject matter and scope

This Regulation lays down:

  1. a list of vector species;

  2. animal health conditions for the placing on the market of:

    1. ornamental aquatic animals either originating from or intended for closed ornamental facilities; and

    2. 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(1);

  3. animal health certification requirements for the placing on the market of:

    1. aquaculture animals intended for farming, including relaying areas, put and take fisheries and open ornamental facilities, and restocking; and

    2. aquaculture animals and products thereof intended for human consumption;

  4. animal health conditions and certification requirements for imports into the Community, and transit therein, including storage during transit, of:

    1. aquaculture animals intended for farming, including relaying areas, put and take fisheries and open ornamental facilities;

    2. aquaculture animals and products thereof intended for human consumption;

    3. ornamental aquatic animals intended for closed ornamental facilities.

Article 2 Definitions

For the purposes of this Regulation, the following definitions shall apply:

  1. ‘closed ornamental facilities’ means pet shops, garden centres, garden ponds, commercial aquaria or wholesalers keeping ornamental aquatic animals:

    1. without any direct contact with natural waters in the Community; or

    2. which are equipped with an effluent treatment system reducing the risk of transmitting diseases to the natural waters to an acceptable level;

  2. ‘open ornamental facility’ means ornamental facilities other than closed ornamental facilities;

  3. ‘restocking’ means the release of aquaculture animals into the wild.

CHAPTER II VECTOR SPECIES

Article 3 List of vector species

Aquaculture animals of species listed in Column 2 of the table in Annex I to this Regulation shall only be regarded as vectors for the purposes of Article 17 of Directive 2006/88/EC where those animals fulfil the conditions set out in Columns 3 and 4 of that table.

CHAPTER III PLACING ON THE MARKET OF AQUACULTURE ANIMALS

Article 4 Ornamental aquatic animals originating from or intended for ornamental facilities

Article 5 Aquaculture animals intended for farming, relaying areas, put and take fisheries, open ornamental facilities and restocking

Article 6 Aquaculture animals and products thereof intended for further processing before human consumption

Article 7 Live molluscs and crustaceans intended for purification centres, dispatch centres and similar businesses before human consumption

Article 8 Aquaculture animals and products thereof leaving Member States, zones and compartments subject to disease control measures, including eradication programmes

Article 8a Aquaculture animals intended for farming, relaying areas, put and take fisheries, open ornamental facilities and restocking in Member States and parts thereof with national measures approved by Decision 2010/221/EU

Article 8b Live molluscs intended for dispatch centres, purification centres or similar businesses before human consumption in Member States and parts thereof with national measures approved by Decision 2010/221/EU

Article 9 Introduction of aquaculture animals after inspection

CHAPTER IV CONDITIONS FOR IMPORTS

Article 10 Aquaculture animals intended for farming, relaying areas, put and take fisheries and open ornamental facilities

Article 11 Ornamental aquatic animals intended for closed ornamental facilities

Article 12 Aquaculture animals and products thereof intended for human consumption

Article 13 Electronic certification

Article 14 Transport of aquaculture animals

Article 15 Requirements for the release of aquaculture animals and products thereof and for transport water

CHAPTER V CONDITIONS FOR TRANSIT

Article 16 Transit and storage

Article 17 Derogation for transit through Latvia, Lithuania and Poland

CHAPTER VI GENERAL, TRANSITIONAL AND FINAL PROVISIONS

Article 19 Repeal

Article 20

Article 21 Entry into force

ANNEX I

ANNEX II

ANNEX III

ANNEX IV

ANNEX V