Commission Implementing Regulation (EU) 2021/2037 of 22 November 2021 laying down rules for the application of Regulation (EU) 2016/429 of the European Parliament and of the Council with regard to exemptions from the obligations for the registration of aquaculture establishments and record-keeping of operators (Text with EEA relevance)
Subject matter and scope
This Regulation lays down rules concerning:
(a)
the types of aquaculture establishments posing an insignificant risk that may be exempted by Member States from the registration requirement in accordance with Article 174 of Regulation (EU) 2016/429;
(b)
the types of aquaculture establishments and transporters posing a low risk for the spread of listed or emerging diseases that may be exempted by Member States from the record-keeping requirements provided for in Articles 186 and 188 of Regulation (EU) 2016/429.
Definitions
For the purposes of this Regulation, the definitions laid down in Article 2 of Delegated Regulation (EU) 2020/691 apply.
Types of aquaculture establishments that may be exempted by Member States from the requirement to be registered
The types of aquaculture establishments that may be exempted by Member States from the registration requirement, in accordance with Article 174 of Regulation (EU) 2016/429, shall be the following:
(a)
aquaculture establishments that are closed facilities or which do not discharge effluent directly into natural waters, and do not move aquaculture animals to other aquaculture establishments or release them into the wild, and are one of the following types of aquaculture establishments:
(i)
premises where ornamental animals are kept on display in aquaria or in ponds as pet animals;
(ii)
restaurants where aquaculture animals are kept on display in aquaria or in ponds awaiting human consumption;
(iii)
establishments where aquaculture animals are kept for health care and other similar uses;
(iv)
retail stores keeping aquaculture animals intended for ornamental purposes, which are supplied directly by an aquaculture establishment or groups thereof, approved in accordance with Article 176 or Article 177 of Regulation (EU) 2016/429 (‘approved aquaculture establishment’) and which are sold directly to the final pet keeper;
(v)
outdoor recreational facilities where aquaculture animals are kept in ponds for aesthetic or water quality purposes, which are supplied directly by an approved aquaculture establishment;
(vi)
households where aquaculture animals are kept outdoors in ponds or tanks solely for personal consumption, and which are supplied directly by an approved aquaculture establishment.
(b)
aquaculture establishments which are comprised of net cages or other structures where previously wild aquatic animals are kept temporarily in natural waters, in the same epidemiological unit as the one in which they have been caught, whilst awaiting harvesting for human consumption.
Types of aquaculture establishments and transporters that may be exempted by Member States from certain record-keeping requirements
1. The types of aquaculture establishments that, in accordance with Article 186(2) of Regulation (EU) 2016/429, may be exempted by Member States from the requirement to keep records of all or some of the information listed in Article 186(1), points (c), (d) and (e) of that Regulation shall be those aquaculture establishments or groups thereof, which comply with the following conditions:
(a)
they have been registered by the competent authority in accordance with Article 173 of Regulation (EU) 2016/429; and
(b)
they do not move aquaculture animals to other aquaculture establishments or release them into the wild.
2. The transporters that, in accordance with Article 188(2) of Regulation (EU) 2016/429, may be exempted by Member States from the requirement to keep records of all or some of the information listed in Article 188(1) of that Regulation shall be transporters of the following categories of aquatic animals, provided that the aquatic animals are moved in sealed, leak-proof containers which remain unopened and intact from the time they are loaded to the time they are unloaded at their final destination:
(a)
aquaculture animals which are intended for ornamental purposes;
(b)
eggs and gametes of aquatic animals which are intended for aquaculture purposes or for release into the wild.
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
