1、Council Directive 9353EEC of 24 June 1993 introducing minimumCouncil Directive 93/53/EEC of 24 June 1993 introducing minimum Community measures for the control of certain fish diseasesOfficial Journal L 175 , 19/07/1993 p. 0023 - 0033 THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Tre
2、aty establishing the European Economic 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), Having regard to the opinion of the Economic and Social Committee (3), Whereas fish are listed i
3、n Annex II to the Treaty; whereas the marketing of fish constitutes an important source of revenue for the aquaculture sector; Whereas it is necessary to establish at Community level the control measures to be taken in the event of outbreaks of disease, in order to ensure rational development of the
4、 aquaculture sector and to contribute to the protection of animal health in the Community; Whereas it is necessary, for diseases to be covered, to refer to the lists laid down in Annex A to Council Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing o
5、n the market of aquaculture animals and products (4); Whereas an outbreak of such diseases can quickly take on epizootic proportions, causing mortality and disturbances on a scale liable to reduce severely the profitability of aquaculture; Whereas control measures must be taken as soon as the presen
6、ce of such a disease is suspected so that immediate and effective action can be implemented as soon as its presence is confirmed; Whereas such measures must be aimed at preventing the spread of the disease, in particular by carefully controlling movements of fish and products liable to spread the in
7、fection; Whereas the prevention of diseases in the Community must normally be based on a non-vaccination policy; Whereas a thorough epizootiological investigation is essential to prevent any spread of the diseases; whereas the Member States must establish special units for that purpose; Whereas, in
8、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 carried out by a reference laboratory designated by the Community; Whereas, in order to ensure uniform impleme
9、ntation of this Directive, a Community inspection procedure should be established; Whereas common measures for the control of the diseases form a minimum basis for maintaining a uniform standard of animal health; Whereas Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary fi
10、eld (5), and in particular Article 5 thereof, applies in the event of an outbreak of one of the diseases listed in Annex A to Directive 91/67/EEC; Whereas the Commission should be entrusted with the task of adopting the necessary implementing measures; whereas, for that purpose, a procedure should b
11、e established to bring about close and effective cooperation between the Commission and the Member States within the Standing Veterinary Committee, HAS ADOPTED THIS DIRECTIVE: CHAPTER I General provisions Article 1 This Directive defines the minimum Community measures for the control of the fish dis
12、eases referred to in Annex A, lists I and II, to Directive 91/67/EEC. Article 2 For the purposes of this Directive, the definitions laid down in Article 2 of Directive 91/67/EEC shall apply as necessary. In addition, the following definitions shall apply: 1. list I diseases: fish diseases referred t
13、o in Annex A, list I, to Directive 91/67/EEC; 2. list II diseases: fish diseases referred to in Annex A, list II, to Directive 91/67/EEC; 3. fish suspected of being infected: fish showing clinical signs or post-mortem lesions or dubious reactions in laboratory tests giving rise to reasonable suspici
14、on of the presence of a list I or list II disease; 4. infected fish: fish in which the presence of a list I or list II disease has been officially confirmed as the result of a laboratory examination or, in the case of ISA, as the result of a clinical examination and a post-mortem examination; 5. far
15、m suspected of being infected: farm containing fish suspected of being infected; 6. infected farm: farm containing infected fish; also farm which has been evacuated but not yet disinfected. Article 3 Member States shall ensure that all farms rearing or keeping fish susceptible to list I or list II d
16、iseases: 1. are registered by the official service; this registration must be kept constantly up to date; 2. keep a record of: (a) live fish, eggs and gametes entering the farm, containing all information relating to their delivery, their number or weight, their size, their source and their supplier
17、s; (b) live fish, eggs and gametes leaving the farm, containing all information relating to their dispatch, their number or weight, their size and destination; (c) observed mortality. This record, which shall be open to scrutiny by the official service whenever the latter so requests, must be regula
18、rly updated and shall be kept for four years. Article 4 Member States shall ensure that it is compulsory for the suspected presence of any of the list I and list II diseases to be notified as soon as possible to the official service. CHAPTER II Control measures for list I diseases Article 5 1. When
19、fish on a farm are suspected of being infected with a list I disease, Member States shall ensure that the official service immediately activates official investigation arrangements to confirm or rule out the presence of the disease, including clinical examination; in particular, it must take, or hav
20、e taken, the samples necessary for laboratory examination. 2. As soon as the suspected presence of the disease is notified, the official service shall have the farm placed under official surveillance and shall in particular require that: (a) an official census be made of all species and categories o
21、f fish and that, in respect of each of these, the number of fish already dead, infected or suspected of being infected or contaminated be recorded; the census must be kept up to date by the owner or keeper to take account of the increase in the population or new mortality observed during the period
22、of suspected infection; the information in the census must be produced on request and may be checked at each inspection; (b) no fish, whether alive or dead, or eggs or gametes enter or leave the farm without the authorization of the official service; (c) the disposal of dead fish or their offal be c
23、arried out under the supervision of the official service; (d) the entry or exit of feedingstuffs, utensils, objects or other substances such as waste, liable to transmit disease be subject, if necessary, to authorization by the official service, which shall lay down the conditions required to preven
24、t the spread of the pathogen; (e) the movement of persons to or from the farm be made subject to authorization by the official service; (f) the entry or exit of vehicles to or from the farm be made subject to authorization by the official service, which shall lay down the conditions required to prev
25、ent the spread of the pathogen; (g) appropriate means of disinfection be used at the entrances end exits of the farm; (h) an epizootic investigation be carried out in accordance with Article 8 (1); (i) all of the farms situated in the same water catchment area or coastal area be placed under officia
26、l surveillance, and no fish, eggs or gametes leave these farms without the authorization of the official service; in the case of extensive water catchment areas or coastal areas, the official service may decide to limit this measure to a less extensive area close to the farm suspected of being infec
27、ted, if it considers that this area affords maximum guarantees for the prevention of the spread of the disease; if necessary, the official services of neighbouring Member States or third countries must be informed of the suspected case; in that event, the official services of the Member States invol
28、ved shall take appropriate action to apply the measures laid down in this Article. Where necessary, specific measures may be taken in accordance with the procedure laid down in Article 19. 3. Until such time as the official measures laid down in paragraph 2 are enforced, the owner or keeper of any f
29、ish in which disease is suspected shall take every appropriate measure to ensure compliance with paragraph 2, except for (h) and (i) thereof. 4. The measures referred to in paragraph 2 shall not be withdrawn until the suspicion of disease has been officially ruled out. Article 6 As soon as the prese
30、nce of a list I disease has been officially confirmed, Member States shall ensure that the official service orders that, in addition to the measures listed in Article 5 (2), of the following measures be applied: (a) in an infected farm: - all fish must be immediately withdrawn, - in the case of inla
31、nd farms all pools must be drained for the purposes of cleaning and disinfection, - all eggs and gametes, dead fish and fish showing clinical signs of disease shall be regarded as high-risk material and must be destroyed under the supervision of the official service, in accordance with Directive 90/
32、667/EEC (6), - all live fish shall either be killed and destroyed under the supervision of the official service in accordance with Directive 90/667/EEC, or else, in the case of fish which have reached commercial size and show no clinical sign of disease, be slaughtered under the supervision of the official service for marketing or processing for human consumption. In the latter case, the official service shall ensure that the fish are immediately slaughtered and gutted, that these operations are carried out in conditions such as to prevent the spread of path
