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26.3.2011 Official
Journal
of
the
European
Union L
80/15
DECISIONS
COMMISSION DECISION
of 24 March 2011
amending Decision 2010/221/EU as regards the approval of national measures for preventing the
introduction of ostreid herpesvirus 1 μνar (OsHV-1 μνar) into certain areas of Ireland and the
United Kingdom
(notified under document C(2011) 1825)
(Text with EEA relevance)
(2011/187/EU)
THE EUROPEAN COMMISSION,
oysters of the species Crassostrea gigas in connection with
the detection of Ostreid herpesvirus 1 μνar (OsHV-1
μνar) ( 3 ) was adopted with the aim of preventing the
Having regard to the Treaty on the Functioning of the European
further spread of OsHV-1 μνar. It introduced measures
Union,
to control the spread of that disease and it applies until
30 April 2011.
Having regard to Council Directive 2006/88/EC of 24 October
2006 on animal health requirements for aquaculture animals
(4) On
27
October
2010,
the
European
Food
Safety
and products thereof, and on the prevention and control of
Authority (EFSA) adopted a scientific opinion on the
certain diseases in aquatic animals
( 1 ), and in particular
increased mortality events in Pacific oysters, Crassostrea
Article 43(2) thereof,
gigas ( 4 ) (the EFSA opinion). In that opinion, the EFSA
concludes that OsHV-1, both the reference strain and the
new μ variant (μνar) of that oyster herpesvirus, have been
Whereas:
associated with high levels of mortality in Pacific oysters
spat and juveniles and that available evidence suggests
that an infection with OsHV-1 is a necessary cause but
may not be sufficient by itself as other factors appear to
(1) Commission
Decision
2010/221/EU
of
15
April
2010
be important. The EFSA opinion further concludes that
approving national measures for limiting the impact of
OsHV-1 μνar seems to be the dominant viral strain in the
certain diseases in aquaculture animals and wild aquatic
2008-2010 increased mortality outbreaks although it is
animals in accordance with Article 43 of Council
not clear if this is a result of increased virulence or other
Directive 2006/88/EC ( 2 ) allows certain Member States
epidemiological factors.
to apply placing on the market and import restrictions

on consignments of those animals in order to prevent
the introduction of certain diseases into their territory,
provided that they have either demonstrated that their
territory, or certain demarcated areas of their territory,
(5)
In 2010, Ireland, Spain, the Netherlands and the United
are free of such diseases or that they have established an
Kingdom established programmes for the early detection
eradication programme to obtain such freedom.
of OsHV-1 μνar and applied the relevant movement
restrictions provided for in Regulation (EU) No
175/2010. The outcome of the surveillance undertaken
by those Member States in the framework of those
(2) Since
2008,
increased
mortality
in
Pacific
oysters
(Cras
programmes suggests that parts of the Union are free
sostrea gigas) has occurred in several areas in Ireland,
of OsHV-1 μνar.
France and the United Kingdom. The epidemiological
investigations undertaken in 2009 suggested that a
newly described strain of ostreid herpesvirus-1 (OsHV-
1), namely OsHV-1 μνar, played a major role in the
increased mortality.
(6) Ireland
and
the
United
Kingdom
have
submitted
to
the

Commission surveillance programmes for approval in
accordance with Directive 2006/88/EC (the surveillance
programmes). The surveillance programmes aim to
(3) Commission
Regulation
(EU)
No
175/2010
of
2
March
demonstrate that the areas where OsHV-1 μνar has not
2010 implementing Council Directive 2006/88/EC as
been detected are free of that virus and to prevent its
regards measures to control increased mortality in
introduction into those areas.
( 1 ) OJ L 328, 24.11.2006, p. 14.
( 3 ) OJ L 52, 3.3.2010, p. 1.
( 2 ) OJ L 98, 20.4.2010, p. 7.
( 4 ) EFSA Journal 2010;8(11):1894.

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L 80/16
EN
Official Journal of the European Union
26.3.2011
(7) Under
the
surveillance
programmes,
Ireland
and
the
tigated and during the investigation certain movement
United Kingdom would apply basic biosecurity
restrictions as provided for in Directive 2006/88/EC
measures against OsHV-1 μνar which are equivalent to
should be applied to protect other Member States with
those laid down in Directive 2006/88/EC and targeted
approved national measures as regards OsHV-1 μνar. In
surveillance. In addition, they would apply restrictions on
addition, to facilitate the re-assessment of the approved
the movement of Pacific oysters into all areas covered by
national measures, any subsequent disease confirmation
the surveillance programmes.
should be notified to the Commission and to the other
Member States.
(8)
The movement restrictions set out in the surveillance
programmes would be limited to Pacific oysters
(14) Decision
2010/221/EU should therefore be amended
accordingly.
intended for farming and relaying areas, and for

dispatch centres, purification centres or similar businesses
that are not equipped with effluent treatment systems
which reduce the risk of transmitting diseases to the
(15) The
measures provided for in this Decision are in
natural waters to an acceptable level.
accordance with the opinion of the Standing
Committee on the Food Chain and Animal Health,
(9)
The conclusions of the EFSA opinion and the epidemio-
HAS ADOPTED THIS DECISION:
logical data from 2010 suggest that the spread of OsHV-
1 μνar into virus free areas is likely to cause increased
mortality and subsequent high losses to the Pacific oyster
Article 1
industry.
Decision 2010/221/EU is amended as follows:
(10) Consequently,
it
is
appropriate
to
apply
restrictions
on
1. Article 1 is replaced by the following:
the movement of Pacific oysters into areas covered by the
surveillance programmes in order to prevent the intro
duction of OsHV-1 μνar into those areas. For reasons of
‘Article 1
clarity and simplification of Union legislation, the
respective placing on the market requirements are to
Subject matter and scope
be included in Commission Regulation (EC) No
1251/2008 of 12 December 2008 implementing
This Decision approves the national measures of Member
Council Directive 2006/88/EC as regards conditions
States listed in Annexes I, II and III hereto for limiting the
and certification requirements for the placing on the
impact and spread of certain diseases in aquaculture animals
market and the import into the Community of aqua
and wild aquatic animals in accordance with Article 43(2) of
culture animals and products thereof and laying down
Directive 2006/88/EC.’;
a list of vector species ( 1 ).
2. the following Article 3a is inserted:
(11) The surveillance programmes should therefore be
approved.
‘Article 3a
Approval of national surveillance programmes regarding
ostreid herpesvirus 1 μνar (OsHV-1 μνar)
(12) As
OsHV-1
μνar is an emerging disease, concerning
which there are still many uncertainties, the movement
1. The
surveillance
programmes
regarding
ostreid
herpes
restrictions set out in the surveillance programmes
virus 1 μνar (OsHV-1 μνar) adopted by the Member States
approved by this Decision should be reassessed and
listed in the second column of the table in Annex III in
their appropriateness and necessity should be re-
respect of the areas listed in the fourth column thereof
evaluated in due course. Therefore, the placing on the
(surveillance programmes), are approved.
market requirements provided for in this Decision
should apply only for a limited period of time. Add-
itionally, Ireland and the United Kingdom should send
2. For
a
period
until
30
April
2013,
the
Member
States
annual reports to the Commission on the functioning of
listed in the table in Annex III may require that the following
the movement restrictions and the surveillance
consignments introduced into an area listed in the fourth
undertaken.
column of that Annex comply with the following
requirements:
(13) Any
suspicion
of
the
presence
of
OsHV-1
μνar in areas
(a) consignments of Pacific oysters intended for farming and
covered by the surveillance programmes should be inves
relaying areas must comply with the placing on the
market requirements laid down in Article 8a of
( 1 ) OJ L 337, 16.12.2008, p. 41.
Regulation (EC) No 1251/2008;

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EN
26.3.2011 Official
Journal
of
the
European
Union L
80/17
(b) consignments of Pacific oysters must comply with the
(c) the evolution of the eradication or surveillance
placing on the market requirements laid down in
programme, including any testing that has been carried
Article 8b of Regulation (EC) No 1251/2008 where
out; information concerning such testing must be
such consignments are intended for dispatch centres,
provided using the model form set out in Annex VI to
purification centres or similar businesses before human
Decision 2009/177/EC.
consumption which are not equipped with an effluent
___________
treatment system validated by the competent authority
(*) OJ L 63, 7.3.2009, p. 15.’;
that:
(i) inactivates enveloped viruses; or
4. the following Article 5a is inserted:
(ii) reduces the risk of transmitting diseases to the
‘Article 5a
natural waters to an acceptable level.’;
Suspicion and detection of ostreid herpesvirus 1 μνar
(OsHV-1 μνar) in areas with surveillance programmes
3. Article 4 is replaced by the following:
1. Where a Member State listed in Annex III suspects the
presence of OsHV-1 μνar, in an area listed in the fourth
column of that Annex, that Member State shall take
‘Article 4
measures at least equivalent to those laid down in
Article 28, Article 29(2), (3) and (4) and Article 30 of
Reporting
Directive 2006/88/EC.
1. By
30
April
each
year
at
the
latest,
the
Member
States
listed in Annexes I and II shall submit a report to the
2. Where the epizootic investigation confirms the
Commission on the approved national measures referred to
detection of OsHV-1 μνar in areas referred to in paragraph
in Articles 2 and 3.
1, the Member State concerned shall inform the Commission
and the other Member States thereof, and of any measures
taken to contain that disease.’;
2. By
31
December
each
year
at
the
latest,
the
Member
States listed in Annex III shall submit a report to the
Commission on the approved national measures referred to
5. a new Annex III is added, the text of which is set out in the
in Article 3a.
Annex to this Decision.
3. The reports provided for in paragraphs 1 and 2 shall
Article 2
include at least up-to-date information on:
This Decision shall apply from 1 May 2011.
(a) significant risks for the animal health situation of aqua
Article 3
culture animals or wild aquatic animals posed by the
diseases, for which the national measures apply, and
This Decision is addressed to the Member States.
the necessity and appropriateness of those measures;
Done at Brussels, 24 March 2011.
(b) national measures taken to maintain the disease-free
status, including any testing that has been carried out;
For the Commission
information concerning such testing must be provided
using the model form set out in Annex VI to
John DALLI
Commission Decision 2009/177/EC (*);
Member of the Commission

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L 80/18
EN
Official Journal of the European Union
26.3.2011
ANNEX
‘ANNEX III
Member States and areas with surveillance programmes regarding ostreid herpesvirus 1 μνar (OsHV-1 μνar), and
approved to take national measures to control that disease in accordance with Article 43(2) of Directive
2006/88/EC
Disease Member
State Code
Geographical demarcation of the areas with approved national
measures (Member States, zones and compartments)
Ostreid herpesvirus 1 μνar
Ireland IE
Compartment 1: Sheephaven and Gweedore bays.
(OsHV-1 μνar)
Compartment 2: Gweebara Bay.
Compartment 3: Drumcliff, Killala, Broadhaven and
Blacksod Bays.
Compartment 4: Ballinakill and Streamstown Bays.
Compartment 5: Bertraghboy and Galway Bays.
Compartment 6: Shannon Estuary and Poulnasharry,
Askeaton and Ballylongford Bays.
Compartment 7: Kenmare Bay.
Compartment 8: Dunmanus Bay.
Compartment 9: Kinsale and Oysterhaven Bays.
United
UK Whole
territory
of
Great
Britain
except
Whitestable
Kingdom
Bay, Kent.
Whole territory of Northern Ireland, except Killough
Bay, Lough Foyle and Carlington Lough.’

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