L 328/14 Official Journal of the European Union 24.11.2006 COUNCIL DIRECTIVE 2006/88/EC of 24 October 2006 on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Commu- nity, and in particular Article 37 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament, Having regard to the opinion of the European Economic and Social Committee (1), Whereas: (1) Aquaculture animals and products fall under the scope of Annex I to the Treaty as live animals, fish, molluscs and crustaceans. The breeding, rearing and the placing on the market of aquaculture animals and products thereof constitutes an important source of income for persons working in this sector. (20 In the context of the internal market, specific animal health rules were laid down for the placing on the market and introduction from third countries of the products con- cerned by Council Directive 91/67/EEC of 28 Janu- ary 1991 concerning the animal health conditions governing the placing on the market of aquaculture ani- mals and products (2). (3)  Outbreaks of diseases in aquaculture animals could cause severe losses to the industry concerned. Minimum mea- sures to be applied in case of outbreaks of the most impor- tant diseases in fish and molluscs were established by Council Directive 93/53/EEC of 24 June 1993 introduc- ing minimum Community measures for the control of cer- tain fish diseases (}) and Council Directive 95/70/EC of 22 December 1995 introducing minimum Community measures for the control of certain diseases affecting bivalve molluscs (4). (4)  Existing Community legislation was drafted mainly to take into account the farming of salmon, trout and oysters. Since that legislation was adopted, the Community aquac- ulture industry has developed significantly. A number of (1) OJ C 88, 11.4.2006, p. 13. (3 O] L 46, 19.2.1991, p. 1. Directive as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1). () OJ L 175,19.7.1993, p. 23. Directive as last amended by the 2003 Act of Accession. (*) OJ L 332, 30.12.1995, p. 33. Directive as last amended by the 2003 Act of Accession. additional fish species, particularly marine species, are now used in aquaculture. New types of farming practices involving other fish species have also become increasingly common, particularly following the recent enlargement of the Community. Furthermore, farming of crustaceans, mussels, clams and abalones is becoming increasingly important. All disease control measures have an economic impact on aquaculture. Inadequate controls may lead to a spread of pathogens, which may cause major losses and compro- mise the animal health status of fish, molluscs and crusta- ceans used in Community aquaculture. On the other hand, over-regulation could place unnecessary restrictions on free trade. The Communication from the Commission to the Coun- cil and the European Parliament dated 19 Septem- ber 2002 sets out a strategy for the sustainable development of European aquaculture. That Communica- tion outlined a series of measures designed to create long- term employment in the aquaculture sector, including promoting high animal health and welfare standards, and environmental actions to ensure a sound industry. Those measures should be taken into account. Since the adoption of Directive 91/67[EEC, the Commu- nity has ratified the World Trade Organisation (WTO) Agreement on the Application of Sanitary and Phytosani- tary Measures (SPS Agreement). The SPS Agreement refers to the standards of the World Organisation for Animal Health (OIE). The animal health requirements for placing live aquaculture animals and products thereof on the mar- ket within the Community set out in Directive 91/67/EEC are more stringent than those standards. Therefore, this Directive should take into account the Aquatic Animal Health Code and the Manual of Diagnostic Tests for Aquatic Animals of the OIE. In order to ensure the rational development of the aquac- ulture sector and to increase productivity, aquatic animal health rules should be laid down at Community level. These rules are necessary, inter alia, in order to contribute to the completion of the internal market and to avoid the spread of infectious diseases. Legislation should be flex- ible to take into account the continuing developments in and diversity of the aquaculture sector, as well as the health status of aquatic animals within the Community.