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12.4.2011 Official
Journal
of
the
European
Union
L
97/9
COMMISSION REGULATION (EU) No 350/2011
of 11 April 2011
amending Regulation (EC) No 1251/2008 as regards the placing on the market requirements for
consignments of Pacific oysters intended for Member States or parts thereof with national measures
regarding ostreid herpes virus 1 μνar (OsHV-1 μνar) approved by Decision 2010/221/EU
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
placing on the market requirements on the movement of
Pacific oysters into areas covered by approved
Having regard to the Treaty on the Functioning of the European
surveillance programmes, in order to prevent the intro
Union,
duction of OsHV-1 μνar into those areas. In the interests
of clarity and simplification of Union legislation, the
Having regard to Council Directive 2006/88/EC of 24 October
respective placing on the market requirements should
2006 on animal health requirements for aquaculture animals
be laid down in Regulation (EC) No 1251/2008.
and products thereof, and on the prevention and control of
certain diseases in aquatic animals
( 1 ), and in particular
(5) In
order
to
prevent
the
introduction
of
OsHV-1
μνar into
Article 61(3) thereof,
Member States or parts thereof listed in Annex III to
Decision 2010/221/EU, consignments of Pacific oysters
Whereas:
intended for farming or relaying areas, and for dispatch
centres, purification centres or similar businesses before
(1) Commission
Regulation
(EC)
No
1251/2008 of
human consumption, introduced into such Member
12 December 2008 implementing Council Directive
States or parts thereof, should originate from an area
2006/88/EC as regards conditions and certification
with an equivalent health status.
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
(6)
To ensure that those requirements are complied with,
species (
such consignments should be accompanied by an

2 ) lays down placing on the market requirements,
including animal health certification requirements, for
animal health certificate providing the necessary attes
movements of aquaculture animals into areas covered
tations.
by national measures approved by Commission
Decision 2010/221/EU of 15 April 2010 approving
national measures for limiting the impact of certain
(7) Regulation
(EC)
No
1251/2008
should
therefore
be
amended accordingly.
diseases in aquaculture animals and wild aquatic

animals in accordance with Article 43 of Council
Directive 2006/88/EC ( 3 ).
(8) It
is
appropriate
to
provide
for
transitional
measures
to
allow Member States and the industry to take the
(2) Since
2008,
increased
mortality
in
Pacific
oysters
(Cras
necessary measures to comply with the requirements
sostrea gigas) has occurred in several areas in Ireland,
laid down in this Regulation.
France and the United Kingdom. The epidemiological
investigations undertaken in 2009 suggested that a
newly described strain of ostreid herpesvirus-1 (OsHV-
(9) To
avoid
the
further
spread
of
OsHV-1
μνar, this Regu
1), namely OsHV-1 μνar, played a major role in the
lation should apply immediately following the date of
increased mortality.
expiry of Regulation (EU) No 175/2010.
(3) Commission
Regulation
(EU)
No
175/2010
of
2
March (10) The measures provided for in this Regulation are in
2010 implementing Council Directive 2006/88/EC as
accordance with the opinion of the Standing
regards measures to control increased mortality in
Committee on the Food Chain and Animal Health,
oysters of the species Crassostrea gigas in connection
with the detection of Ostreid herpesvirus 1 μνar
(OsHV-1 μνar) ( 4 ) was adopted with the aim of
HAS ADOPTED THIS REGULATION:
preventing the further spread of OsHV-1 μνar. It
introduced measures to control the spread of that
disease and it applies until 30 April 2011.
Article 1
Regulation (EC) No 1251/2008 is amended as follows:
(4) Decision
2010/221/EU,
as
recently
amended
by
Commission Decision 2011/187/EU
( 5 ), allows the
Member States listed in Annex III thereto to impose
(1) in Article 1, point (b)(ii) is replaced by the following:
( 1 ) OJ L 328, 24.11.2006, p. 14.
‘(ii) aquaculture animals intended for farming, relaying
( 2 ) OJ L 337, 16.12.2008, p. 41.
areas, put and take fisheries, open ornamental facilities
( 3 ) OJ L 98, 20.4.2010, p. 7.
( 4 ) OJ L 52, 3.3.2010, p. 1.
and restocking, and for dispatch centres, purification
( 5 ) OJ L 80, 26.3.2011, p. 15.
centres and similar businesses before human

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L 97/10
EN
Official Journal of the European Union
12.4.2011
consumption in Member States and parts thereof with
requirements set out in the model animal health certificate
national measures approved by Commission Decision
and explanatory notes as referred to in that paragraph.
2010/221/EU (*);
___________
3. This
Article
shall
not
apply
to
consignments
intended
(*) OJ L 98, 20.4.2010, p. 7.’;
for dispatch centres, purification centres or similar busi
nesses which are equipped with an effluent treatment
system validated by the competent authority that:
(2) in Article 8a(1)(a), the following point (iii) is added:
(a) inactivates enveloped viruses; or
‘(iii) Annex III to Decision 2010/221/EU as subject to a
surveillance programme for one or more of the
(b) reduces the risk of transmitting diseases to the natural
diseases listed in the first column of that table;’;
waters to an acceptable level.’;
(3) the following Article 8b is inserted:
(4) Annex II is replaced by the text in the Annex to this Regu
lation.
‘Article 8b
Article 2
Live molluscs intended for dispatch centres,
purification centres or similar businesses before
1. For a transitional period until 15 May 2011,
human consumption in Member States and parts
consignments of Pacific oysters accompanied by animal health
thereof with national measures approved by Decision
certificates issued in accordance with Part A or B of Annex II to
2010/221/EU
Regulation (EC) No 1251/2008 before the amendments
introduced by the present Regulation, and an animal health
1. Consignments
of
live
molluscs
intended
for
dispatch certificate issued in accordance with Annex II to Regulation
centres, purification centres or similar businesses before
(EU) No 175/2010 may be placed on the market provided
human consumption shall be accompanied by an animal
that they reach their place of final destination before that date.
health certificate completed in accordance with the model
set out in Part B of Annex II and the explanatory notes set
out in Annex V, where the animals:
2. For
a
transitional
period
until
1
July
2012,
consignments
of aquaculture animals accompanied by animal health
certificates issued in accordance with Part A or B of Annex II
(a) are introduced into Member States or parts thereof listed
to Regulation (EC) No 1251/2008 before the amendments
in the second and fourth column of the table set out in
introduced by the present Regulation, may continue to be
Annex III to Decision 2010/221/EU as subject to a
placed on the market provided that the animal health attes
surveillance programme for one or more of the
tations as regards OsHV-1 μνar set out in Part II of those
diseases listed in the first column of that table;
certificates are not applicable and they reach their place of
final destination before that date.
(b) are of species which are listed in Part C of Annex II as
species susceptible to the disease(s), for which a
Article 3
surveillance programme applies in accordance with
Decision 2010/221/EU, as referred to in point (a).
This Regulation shall enter into force on the third day following
its publication in the Official Journal of the European Union.
2. Consignments of live molluscs referred to in
paragraph 1 shall comply with the animal health
It shall apply from 1 May 2011.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 April 2011.
For the Commission
The President
José Manuel BARROSO

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EN
12.4.2011 Official
Journal
of
the
European
Union L
97/11
ANNEX
‘ANNEX II
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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L 97/12
EN
Official Journal of the European Union
12.4.2011

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EN
12.4.2011 Official
Journal
of
the
European
Union L
97/13

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L 97/14
EN
Official Journal of the European Union
12.4.2011

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EN
12.4.2011 Official
Journal
of
the
European
Union L
97/15

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L 97/16
EN
Official Journal of the European Union
12.4.2011
PART B
Model animal health certificate for the placing on the market of aquaculture animals or products thereof
intended for further processing, dispatch centres and purification centres and similar businesses before
human consumption

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EN
12.4.2011 Official
Journal
of
the
European
Union L
97/17

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L 97/18
EN
Official Journal of the European Union
12.4.2011

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EN
12.4.2011 Official
Journal
of
the
European
Union L
97/19
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 Rainbow trout (Oncorhynchus mykiss), brook torut (Salvelinus fontinalis), brown trout
virus (IPN)
(Salmo trutta), Atlantic salmon (Salmo salar) and (Oncorhynchus spp.), whitefish (Coregonus
lavaretus)
Infection with Gyrodactilys Atlantic salmon (Salmo salar), rainbow trout (Oncorhynchus mykiss), Arctic char (Salvelinus
salaris
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 Pacific oyster (Crassostrea gigas)’
(OsHV-1 μνar)

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