3.6.2003 Official Journal of the European Union L 135/19 COMMISSION COMMISSION DECISION of 23 May 2003 establishing special conditions for placing on the market of aquaculture animals species considered not susceptible to certain diseases and the products thereof (notified under document number C(2003) 1641) (Text with EEA relevance) (2003/390/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard 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 (), as last amended by Directive 98/45/EC (3), and in particular Article 10(3), Article 14(1) and (3) and the second subpara- graph of Article 14(4) thereof. Whereas: 1 () ) 0O 0O Directive 91/67/EEC lays down requirements and provi- sions for the establishment of appropriate conditions for the placing on the market in zones and farms with approved programme or status, of live farmed fish, molluscs and crustaceans, their eggs and gametes, not belonging to the susceptible species referred to in Annex A, column 2, list II, to that Directive. Directive 91/67/EEC provides for a derogation from those requirements for species which are not a carrier of the diseases concerned, i.e. where it is shown that there is no passive transmission of those diseases when aqua- culture animals, their eggs or gametes, not belonging to the susceptible species, are moved from a non-approved zone to an approved zone. That Directive also provides for the establishment of a list of the aquaculture animals to which that derogation is to apply. There is sufficient evidence that certain mollusc species are not susceptible to and do not passively transmit bonamiosis (Bonamia ostreae) and marteiliosis (Marteilia refringens). They should therefore be included in the list. J L 46,19.2.1991, p. 1. J L 189, 3.7.1998, p. 12. (4) () O 0) ] ] J Directive 91/67/EEC provides that farmed live fish and molluscs are to be accompanied by movement docu- ments where they are introduced into zones and farms with approved programme or status. Commission Deci- sion 93/22[EEC of 11 December 1992 laying down the model of the movement documents referred to in Article 14 of Council Directive 91/67[EEC (%), sets out those model movement documents. For the sake of clarity, the model movement documents should be updated and Decision 93/22[EEC should be replaced by this Decision. Directive 91/67/EEC provides that the placing on the market of molluscs, referred to in Annex A, column 2, list II to that Directive, is to be subject to additional guarantees, including guarantees relating to the origin of the molluscs. The application of those guarantees lead to difficulties in the supply of the molluscs. Accordingly, Commission Decision 93/55/EEC (), as amended by Decision 93/169/EEC (°), amends the guarantees for the introduction of molluscs into zones for which a programme for demonstration of freedom from Bonamia ostreae and Marteilia refringens has been approved. The provisions of Decision 93/55/EEC should be updated and in the interests of clarity replaced by the provisions of this Decision. This Decision takes into account new scientific data and recommendations from the International office of Epizootic Diseases (OIE). This Decision is without prejudice to public health certi- fication requirements, and therefore its model document should not be required when aquaculture animals, their eggs and gametes, are placed on the market directly for human consumption. () OJL 16, 25.1.1993, p. 8. L 14, 22.1.1993, p. 24. L 71, 24.3.1993, p. 16.