LegalizeCommission Implementing Decision (EU) 2021/260 of 11 February 2021 approving national measures designed to limit the impact of certain diseases of aquatic animals in accordance with Article 226(3) of Regulation (EU) 2016/429 of the European Parliament and of the Council and repealing Commission Decision 2010/221/EU (notified under document C(2021) 773) (Text with EEA relevance)
Article 1
Subject matter and scope
This Decision approves the national measures which have been adopted by those Member States or parts of those Member States which are listed in Annexes I and II in order to limit the impact of certain diseases affecting aquatic animals in accordance with Article 226(3) of Regulation (EU) 2016/429, and lays down:
- (a) conditions for the initial and continued approval of those measures;
- (b) restrictions on the movement of aquatic animals between Member States;
- (c) reporting obligations of Member States.
Article 2
Approval of national measures in disease-free areas
The Member States or parts thereof, which are listed in the second and fourth column of the table in Annex I, are considered free from the diseases listed in the first column of that table and are granted approval to adopt national measures in accordance with Article 226(3) of Regulation (EU) 2016/429.
Article 3
Approval of eradication programmes for diseases which are subject to national measures
The eradication programmes adopted by the Member States listed in the second column of the table in Annex II for the diseases which are subject to national measures and which are listed in the first column of that table, in respect of the areas listed in the fourth column thereof, are approved.
The period of application of an eradication programme shall not exceed 6 years from the date of its initial approval by the Commission. In duly justified cases, the Commission may, at the request of the Member State concerned, extend the period of application of the eradication programme for an additional 6-year period.
Article 4
Movements between Member States or parts thereof, of aquatic animals of susceptible species which are subject to national measures including eradication programmes
Aquatic animals of susceptible species for a particular disease which are listed in the second column of Annex III shall only be moved to Member States or parts thereof which are listed in the second and fourth columns of the tables in Annexes I or II if they:
- (a) originate from a Member State or part thereof, which is listed in the second and fourth columns of the table in Annex I as being free from the disease in question;
- (b) are accompanied by an official certificate issued by the competent authority of the Member State of origin, drawn up in accordance with an appropriate model animal health certificate set out in Chapters 1, 2, 3 or 5 of Annex I to Commission Implementing Regulation (EU) 2020/2236 ([^E0001]), specifying the guarantees relevant for the specific national measures in question.
By way of derogation from paragraph 1, point (a), aquatic animals of susceptible species for a particular disease which are listed in the second column of Annex III, may be moved to Member States or parts thereof which are listed in the second and fourth columns of the tables in Annexes I or II if:
- (a) in the case of wild aquatic animals, they have undergone quarantine in an aquaculture establishment which has been approved in accordance with Article 15 of Delegated Regulation (EU) 2020/691 ([^E0002]);
- (b) in the case of Member States or parts thereof subject to national measures for infection with Gyrodactylus salaris:
- (i) immediately prior to the movement, the aquatic animals have been held under the conditions, set out in Chapter 10.3, Article 10.3.8, point (2) of the World Organisation for Animal Health (OIE) Aquatic Animal Health Code ([^E0003]);
- (ii) the fish eggs have been disinfected and subsequently kept under the conditions, set out in Chapter 10.3, Article 10.3.8, point (3) of the OIE Aquatic Animal Health Code.
Article 5
Annual reporting by Member States
By 30 April each year at the latest, the Member States listed in the second column of the tables in Annexes I and II shall submit a report to the Commission on the approved national measures for the disease-free status of those Member States and parts thereof referred to in Article 2, or for the eradication programmes referred to in Article 3, as appropriate.
The report referred to in paragraph 1 shall include:
- (a) information on the measures which have been taken in the previous calendar year to maintain the disease-free status, including at least the information set out in Annex III to Implementing Regulation (EU) 2020/2002; or
- (b) information on the evolution of the eradication programme, including details of the testing which has been carried out in the previous calendar year and at least the information set out in Section 4 of Annex V to Implementing Regulation (EU) 2020/2002.
The report referred to in paragraph 1 shall outline the reasons why the disease-free status or the eradication programme as appropriate, should continue to apply for a further calendar year. Particular reference shall be made to the availability of treatments, vaccines, disease resistant stocks, or other relevant developments should one or more of these have become a viable option for the prevention and control of the disease in question since the submission of the previous report.
Article 6
Amendment of approved national measures
The national measures set out in Annexes I and II may be amended by the Commission should the information referred to in Article 5(3), or other such information relating to developments in animal health, indicate that the establishment of movement restrictions between Member States is no longer necessary or justified in order to prevent the introduction, or to control the spread, of a particular disease.
Article 7
Repeal
Commission Decision 2010/221/EU is repealed with effect from 21 April 2021.
Article 8
Application
This Decision shall apply from 21 April 2021.
Article 9
Addressees
This Decision is addressed to the Member States.
ANNEX I
Member States ([^E0004]) or parts thereof, regarded as being free from certain diseases affecting aquatic animals and for which the national measures are approved in accordance with Article 226(3) of Regulation (EU) 2016/429
| Disease | Member State | Code | Geographical demarcation of the area for which the national measures are approved | Geographical demarcation of the area for which the national measures are approved |
|---|---|---|---|---|
| Koi herpes virus disease (KHV) | France | FR | The following individual compartments each comprising of an aquaculture establishment with the specified approval number: FR 17116001 CE Pisiculture de l’EARL Carpio FR 34023506 CE SCEA les poissons du Soleil FR 34195501 CE Olivier Germaine – Pisciculture FR 39366002 CE Pisciculture du Moulin de Pierre FR 63263022 CE Pisciculture de Fontanas FR 66190003 CE SCEA les poissons du Soleil | The following individual compartments each comprising of an aquaculture establishment with the specified approval number: FR 17116001 CE Pisiculture de l’EARL Carpio FR 34023506 CE SCEA les poissons du Soleil FR 34195501 CE Olivier Germaine – Pisciculture FR 39366002 CE Pisciculture du Moulin de Pierre FR 63263022 CE Pisciculture de Fontanas FR 66190003 CE SCEA les poissons du Soleil |
| Koi herpes virus disease (KHV) | Italy | IT | Zone of the Monticolo lakes encompassing the hatchery IT004BZ106, the ‘Grande lago di Monticolo/Große Montiggler see’ and the ‘Piccolo lago di Monticolo/Kleiner Montiggler see’ | Zone of the Monticolo lakes encompassing the hatchery IT004BZ106, the ‘Grande lago di Monticolo/Große Montiggler see’ and the ‘Piccolo lago di Monticolo/Kleiner Montiggler see’ |
| Koi herpes virus disease (KHV) | Ireland | IE | Whole territory | Whole territory |
| Koi herpes virus disease (KHV) | Portugal | PT | The following compartment comprising of an aquaculture establishment with the specified approval number: PT 6 001 CP Herdade de Entre Águas/PT | The following compartment comprising of an aquaculture establishment with the specified approval number: PT 6 001 CP Herdade de Entre Águas/PT |
| Koi herpes virus disease (KHV) | United Kingdom (Northern Ireland) | UK (NI) | Northern Ireland | Northern Ireland |
| Spring viraemia of carp (SVC) | Denmark | DK | Whole territory | Whole territory |
| Spring viraemia of carp (SVC) | Finland | FI | Whole territory | Whole territory |
| Spring viraemia of carp (SVC) | Hungary | HU | Whole territory | Whole territory |
| Spring viraemia of carp (SVC) | Ireland | IE | Whole territory | Whole territory |
| Spring viraemia of carp (SVC) | Sweden | SE | Whole territory | Whole territory |
| Spring viraemia of carp (SVC) | United Kingdom (Northern Ireland) | UK (NI) | Northern Ireland | Northern Ireland |
| Bacterial kidney disease (BKD) | Denmark | DK | The following individual compartments each comprising of an aquaculture establishment with the specified approval number: | The following individual compartments each comprising of an aquaculture establishment with the specified approval number: |
| Bacterial kidney disease (BKD) | Denmark | DK | 84470 | Brænderigårdens Dambrug |
| Bacterial kidney disease (BKD) | Denmark | DK | 92158 | Hørup Mølle Dambrug |
| Bacterial kidney disease (BKD) | Denmark | DK | 103471 | Abildvad Dambrug |
| Bacterial kidney disease (BKD) | Denmark | DK | 103559 | Fårup Mølle Dambrug |
| Bacterial kidney disease (BKD) | Denmark | DK | 103587 | Trend Å Dambrug |
| Bacterial kidney disease (BKD) | Denmark | DK | 103606 | Lundby Dambrug |
| Bacterial kidney disease (BKD) | Denmark | DK | 103623 | Hårkjær Dambrug |
| Bacterial kidney disease (BKD) | Denmark | DK | 103682 | Sangild Dambrug |
| Bacterial kidney disease (BKD) | Denmark | DK | 103733 | Skade Dambrug |
| Bacterial kidney disease (BKD) | Denmark | DK | 118656 | AquaSearch Ova, Billund |
| Bacterial kidney disease (BKD) | Denmark | DK | 118844 | Ravning ægpakkeri |
| Bacterial kidney disease (BKD) | Denmark | DK | 128165 | Ollerupgård Dambrug |
| Bacterial kidney disease (BKD) | Finland | FI | The following individual compartments each comprising of aquaculture establishments with the specified approval numbers: 177-1 Hanka-Taimen Oy, Venekoski Fish Farm 177-2 Hanka-Taimen Oy, Vanaja Fish Farm 386-1 Pohjois-Karjalan kalanviljely Oy, Keskijärvi Fish Farm 386-2 Pohjois-Karjalan kalanviljely Oy, Kontiolahti Fish Farm 065-3 Kainuun Lohi Oy, Likolampi Fish Farm 185-2 Terhontammi Oy, Sorsakoski hatchery 383 Kuusamon Jalokala Oy, Käylä hatchery 253-3 Natural Resources Institute Finland – Luke, Taivalkoski Fish Farm | The following individual compartments each comprising of aquaculture establishments with the specified approval numbers: 177-1 Hanka-Taimen Oy, Venekoski Fish Farm 177-2 Hanka-Taimen Oy, Vanaja Fish Farm 386-1 Pohjois-Karjalan kalanviljely Oy, Keskijärvi Fish Farm 386-2 Pohjois-Karjalan kalanviljely Oy, Kontiolahti Fish Farm 065-3 Kainuun Lohi Oy, Likolampi Fish Farm 185-2 Terhontammi Oy, Sorsakoski hatchery 383 Kuusamon Jalokala Oy, Käylä hatchery 253-3 Natural Resources Institute Finland – Luke, Taivalkoski Fish Farm |
| Bacterial kidney disease (BKD) | Ireland | IE | Whole territory | Whole territory |
| Bacterial kidney disease (BKD) | United Kingdom (Northern Ireland) | UK (NI) | Northern Ireland | Northern Ireland |
| Infectious pancreatic necrosis (IPN) | Denmark | DK | The following individual compartments each comprising of an aquaculture establishment with the specified approval number: | The following individual compartments each comprising of an aquaculture establishment with the specified approval number: |
| Infectious pancreatic necrosis (IPN) | Denmark | DK | 83138 | Hallesøhuse Dambrug |
| Infectious pancreatic necrosis (IPN) | Denmark | DK | 92158 | Hørup Mølle Dambrug |
| Infectious pancreatic necrosis (IPN) | Denmark | DK | 103554 | Fruerlund Dambrug |
| Infectious pancreatic necrosis (IPN) | Denmark | DK | 103559 | Fårup Mølle Dambrug |
| Infectious pancreatic necrosis (IPN) | Denmark | DK | 103571 | Hallesø Dambrug |
| Infectious pancreatic necrosis (IPN) | Denmark | DK | 103606 | Lundby Dambrug |
| Infectious pancreatic necrosis (IPN) | Denmark | DK | 103623 | Hårkjær Dambrug |
| Infectious pancreatic necrosis (IPN) | Denmark | DK | 103668 | Ravning Dambrug |
| Infectious pancreatic necrosis (IPN) | Denmark | DK | 103670 | Refsgård Fiskeri I |
| Infectious pancreatic necrosis (IPN) | Denmark | DK | 103682 | Sangild Dambrug |
| Infectious pancreatic necrosis (IPN) | Denmark | DK | 103802 | Ådal Dambrug |
| Infectious pancreatic necrosis (IPN) | Denmark | DK | 106314 | Ravningkær Dambrug |
| Infectious pancreatic necrosis (IPN) | Denmark | DK | 108516 | Hulsig Dambrug |
| Infectious pancreatic necrosis (IPN) | Denmark | DK | 118656 | AquaSearch Ova, Billund |
| Infectious pancreatic necrosis (IPN) | Denmark | DK | 118844 | Ravning ægpakkeri |
| Infectious pancreatic necrosis (IPN) | Denmark | DK | 125770 | Aquasearch Ova |
| Infectious pancreatic necrosis (IPN) | Denmark | DK | 128165 | Ollerupgård Dambrug |
| Infectious pancreatic necrosis (IPN) | Finland | FI | Continental parts of the territory | Continental parts of the territory |
| Infectious pancreatic necrosis (IPN) | Slovenia | SI | The following individual compartments each comprising of an aquaculture establishment with the specified approval number: SIRIB050108 Pšata SIRIB120102 Ilirska Bistrica | The following individual compartments each comprising of an aquaculture establishment with the specified approval number: SIRIB050108 Pšata SIRIB120102 Ilirska Bistrica |
| Infectious pancreatic necrosis (IPN) | Sweden | SE | Continental parts of the territory | Continental parts of the territory |
| Infection with Gyrodactylus salaris (GS) | Finland | FI | Water catchment areas of the Tenojoki and Näätämöjoki; the water catchment areas of the Paatsjoki, Tuulomajoki, and Uutuanjoki are considered as buffer zones | Water catchment areas of the Tenojoki and Näätämöjoki; the water catchment areas of the Paatsjoki, Tuulomajoki, and Uutuanjoki are considered as buffer zones |
| Infection with Gyrodactylus salaris (GS) | Ireland | IE | Whole territory | Whole territory |
| Infection with Gyrodactylus salaris (GS) | United Kingdom (Northern Ireland) | UK (NI) | Northern Ireland | Northern Ireland |
| Infection with salmonid alphavirus (SAV) | Finland | FI | Continental parts of the territory | Continental parts of the territory |
ANNEX II
Member States ([^E0005]) or parts thereof, with eradication programmes for certain diseases affecting aquatic animals and for which the national measures are approved in accordance with Article 226(3) of Regulation (EU) 2016/429
| Disease | Member State | Code | Geographical demarcation of the area for which the national measures are approved | Geographical demarcation of the area for which the national measures are approved |
|---|---|---|---|---|
| Bacterial kidney disease (BKD) | Denmark | DK | The following compartments comprising of an aquaculture establishment with the specified approval number: | The following compartments comprising of an aquaculture establishment with the specified approval number: |
| Bacterial kidney disease (BKD) | Denmark | DK | 83138 | Halle Søhuse Dambrug |
| Bacterial kidney disease (BKD) | Denmark | DK | 103670 | Refsgård Fiskeri I |
| Bacterial kidney disease (BKD) | Sweden | SE | Continental parts of the territory | Continental parts of the territory |
| Infectious pancreatic necrosis (IPN) | Sweden | SE | Coastal parts of the territory | Coastal parts of the territory |
ANNEX III
Species of aquatic animals which are susceptible to diseases for which certain Member States ([^E0006]) have adopted national measures in accordance with Article 226(3) of Regulation (EU) 2016/429
| Disease | Susceptible species |
|---|---|
| Koi herpes virus disease | As listed in the third column of the Annex to Commission Implementing Regulation (EU) 2018/1882 |
| Spring viraemia of carp (SVC) | Abramis brama, Aristichthys nobilis, Carassius auratus, Ctenopharyngodon idella, Cyprinus carpio, Cyprinus carpio koi, Cyprinus rubrofuscus, Danio rerio, Notemingonus crysoleucas, Percocypris pingi, Pimephales promelas, Rutilus kutum, Rutilus rutilus, Silurus glanis |
| Bacterial kidney disease (BKD) | Anoplopoma fimbria, Lota lota, Notropis cornutus, Onchorhynchus clarkii, Oncorhyncus gorbuscha, Oncorhynchus keta, Oncorhynchus kisutch, Oncorhynchus mykiss, Oncorhynchus nerka, Oncorhynchus tshawytscha, Pimephales promelas, Plecoglossus altivelis, Salvelinus alpinus, Salvelinus fontinalis, Salvelinus namaycush, Salmo salar, Salmo trutta, Thymallus thymallus |
| Infectious pancreatic necrosis (IPN) | Anarhichas minor, Anguilla anguilla, Anguilla japonica, Brevoortia tyrannus, Channa striata, Coregonus lavaretus, Ctenolabrus rupestris, Danio rerio, Dicentrarchus labrax, Esox lucius, Gadus morhua, Hippoglossus hippoglossus, Limanda limanda, Morone saxatilis, Merluccius merluccius, Microstomus kitt, Orcorhynchus clarkii, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus kisutch, Oncorhynchus mykiss, Oncorhynchus rhodurus, Oncorhynchus tshawytscha, Pleuronectes platessa, Scophthalmus maximus, Salmo salar, Salmo trutta, Salvelinus alpinus, Salvelinus fontinalis, Salvelinus namaycush |
| Infection with Gyrodactylus salaris (GS) | Oncorhynchus mykiss, Salmo trutta, Salmo salar, Salvelinus alpinus, Salvelinus fontinalis, Salvelinus namaycush, Thymallus thymallus |
| Infection with salmonid alphavirus (SAV) | Limanda limanda, Oncorhynchus mykiss, Salmo salar, Salvelinus alpinus |
[^E0001]: Commission Implementing Regulation (EU) 2020/2236 of 16 December 2020 laying down rules for the application of Regulations (EU) 2016/429 and (EU) 2017/625 of the European Parliament and of the Council as regards model animal health certificates for the entry into the Union and the movements within the Union of consignments of aquatic animals and of certain products of animal origin from aquatic animals, official certification regarding such certificates and repealing Regulation (EC) No 1251/2008 (OJ L 442, 30.12.2020, p. 410).
[^E0002]: Commission Delegated Regulation (EU) 2020/691 of 30 January 2020 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council as regards rules for aquaculture establishments and transporters of aquatic animals (OJ L 174, 3.6.2020, p. 345).
[^E0003]: OIE Aquatic Animal Health Code, 2021, 23rd Edition.
[^E0004]: In accordance with the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, and in particular Article 5(4) of the Protocol on Ireland/Northern Ireland in conjunction with Annex 2 to that Protocol, for the purposes of this Annex, references to Member States include the United Kingdom in respect of Northern Ireland.
[^E0005]: In accordance with the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, and in particular Article 5(4) of the Protocol on Ireland/Northern Ireland in conjunction with Annex 2 to that Protocol, for the purposes of this Annex, references to Member States include the United Kingdom in respect of Northern Ireland.
[^E0006]: In accordance with the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, and in particular Article 5(4) of the Windsor Framework in conjunction with Annex 2 to that Framework, for the purposes of this Annex, references to Member States include the United Kingdom in respect of Northern Ireland.
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