Directive 1995/70 - Minimum Community measures for the control of certain diseases affecting bivalve molluscs - Main contents

official title

 

Legal instrument	Directive
Number legal act	Directive 1995/70
Original proposal	COM(1994)401
CELEX number i	31995L0070

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Council Directive 95/70/EC of 22 December 1995 introducing minimum Community measures for the control of certain diseases affecting bivalve molluscs

Official Journal L 332 , 30/12/1995 P. 0033 - 0039

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

This Directive establishes minimum Community measures for the control of the diseases affecting bivalve molluscs referred to in this Directive.

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:

• 1. 

  are registered by the official service; this registration must be kept constantly up to...

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