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Commission Decision 2006/656/EC laying down animal health conditions and certification requirements for import of fish for ornamental purposes26 March 2007 Dear Sir/Madam Commission Decision 2006/656/EC laying down animal health conditions and certification requirements for import of fish for ornamental purposes. 1. I am writing to advise you that with effect from 1 April 2007 new animal health certification arrangements apply in respect of the import of live ornamental fish from third countries. Details of the Commission’s proposals were circulated with my letter of 31 January 2006 and a final version of the document was adopted by the EU last autumn following its consultations on the proposals with member countries of the World Trade Organisation. A copy of the adopted Commission Decision 2006/656/EC is available from the following website: http://eur-lex.europa.eu/LexUriServ/site/en/oj/2006/l_271/l_27120060930en00710080.pdf 2. The Decision introduces harmonised certification arrangements for the import of tropical ornamental fish from third countries (at present such imports are subject to national licensing and health certification requirements). It also introduces specific certification arrangements for the import of cold-water ornamental fish to secure facilities (at present such imports are subject to the certification arrangements outlined in Commission Decision 2003/858 as amended). 3. A detailed explanation of the new import certification requirements is contained in the attached Annex and some of the key features of the new arrangements are highlighted below. Imports for ornamental purposes 4. The new rules apply in respect of live fish imported for ornamental purposes only. While the term “ornamental purpose” has not been expressly defined in the Decision, it should be taken to mean, live fish imported for keeping throughout their entire life cycle in a fully enclosed secure environment (such as aquaria, garden pond or similar facilities) with no possibility of contact with natural waters. Please note that Article 6 of the Decision expressly forbids fish imported for ornamental purposes from being released into fish farms, or other premises from which they could escape into, or contaminate, natural waters in the Community. This prohibition would also apply in respect of fish kept in facilities from which discharged water may come into direct contact with natural waters. 5. The import of fish for use other than for ornamental purposes as defined above (e.g. fish traditionally regarded as ornamental species that are destined for farms or other sites that might result in them coming into contact with or contaminating natural waters), must continue to be imported under the certification requirements laid down in Commission Decision 2003/858 (as amended). Definitions of Cold-Water and Tropical Ornamental fish 6. Ornamental fish imported under Decision 2006/656 are classified as either “cold-water ornamental fish” or “tropical ornamental fish”. The definition and usage of these terms are specific to the Decision and vary significantly from common understanding of both terms in the UK up to the present time. Tropical ornamental fish have been regarded as those species kept in aquaria which would not be able to survive in the natural aquatic environment of Great Britain, while coldwater ornamental fish have been regarded as those ornamental species that are capable of surviving in our environment. 7. The Decision now defines cold-water ornamental fish as: “… ornamental fish of species susceptible to one or more of the following diseases: epizootic haematopoietic necrosis (EHN), infectious salmon anaemia (ISA), viral haemorrhagic septicaemia (VHS), infectious haematopoietic necrosis (IHN), spring Viraemia of carp (SVC), bacterial kidney disease (BKD), infectious pancreatic necrosis (IPN), Koi herpes virus (KHV) and infection with Gyrodactylus salaris” This means that for the purposes of certification for entry into the United Kingdom, cold-water ornamentals are defined as any species of fish susceptible to one of the listed fish diseases. The attached Annex includes a list of fish classified as cold-water ornamentals based on their susceptibility to the diseases of concern. 8. The Decision defines Tropical Ornamental fish as: “means ornamental fish other than cold-water ornamental fish” This means that for the purposes of entry into the United Kingdom, any fish which is not listed as susceptible to one of the listed fish diseases may be imported for ornamental purposes under the requirements applicable to tropical ornamental fish providing they are sourced from countries that are members of the World Organisation for Animal Health (OIE) (please refer to the internet link of countries with OIE membership in the attached guidance). When will the new rules come into force? 9. According to Commission Decision 2006/656 the new rules should be applied throughout the EU with effect from 1 April 2007 and importers should therefore advise all export sources to ensure that consignments arriving in the UK after this date are accompanied by a completed certificate based on the model at Annex II of the Decision in respect of coldwater ornamental fish, and a certificate based on the model at Annex IV of the Decision in respect tropical ornamental fish. 10. Importers of cold-water fish susceptible to Koi Herpesvirus disease should note that all such fish entering the EU for ornamental purposes must originate from a source where KHV disease is notifiable to the competent authority. Transitional Arrangements 11. In order to provide sufficient time for importers and their export sources to familiarise themselves with the new animal health certification arrangements, certificates for coldwater ornamental fish based on the models in Decision 2003/858 (as amended) and the DOF 15 health certificate currently required under national rules for the import of tropical ornamental fish may continue to be presented alongside the completed new certificates required by Decision 2006/656 until further notice. 12. Some third countries have been supplying the new certificates with consignments in recent days and Defra has, following consulation with the European Commission, advised Border Inspection Posts to accept these. 13. Fish health Inspectors monitor all consignments where there are irregularities in documentation and they will take action if any are likely to pose a risk to the fish health status of this country. National Legislation 14. Commission Decision 2006/656 is being implemented in England through an amendment to the Animals and Animal Products (Import and Export) Regulations. Contact Numbers 15. If you have any queries about this letter or require clarification on any issue raised, please contact Ian Everett at Defra’s Aquatic Animal Health Team, Area 108 1A Page Street, London SW1P 4PQ. Telephone number 020 7904 6285 Email fishhealth@defra.gsi.gov.uk. If you require information on any matter relating to the import of live fish please contact the Fish Health Inspectorate at the CEFAS, Weymouth Laboratory, Barrack Road, The Nothe, Weymouth Dorset DT4 8UB (tel no: 01305 206673/4; e-mail fish.health.inspectorate@cefas.co.uk . Yours sincerely David Mullin DAVID MULLIN |
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