By John Dawes

Following the implementation of the new European Union Health Directive (2006/88/EC) via Regulation 1251/2008 on August 1, the EU has now issued a new Regulation (719/2009) that expands the list of countries from 26 to 41 that may import  ornamental aquatic organisms into the EU. Previous major supplier included Singapore, Malaysia, Japan, Taiwan and Thailand, among others. As a result of the new directive, the following countries are now also accepted as suppliers: Cook Islands, Kiribati, Marshall Islands, Nauru, Niue, French Polynesia, Papua New Guinea, Pitcairn Islands, Samoa, Solomon Islands, Tokelau, Tonga, Tuvalu, and Wallis and Futuna.

China can export all types or organisms to the European Union, as long as they meet certain requirements

The types of organisms that may be exported from each country are divided into three categories: fish, molluscs and crustaceans. Some countries, including the major suppliers mentioned above, are listed as only being able to export fish to the EU, while all the newcomers are listed as being able to export fish, molluscs and crustaceans.

The detail of the document is in the small print, which consists of eight important notes appended at the end of the list. Another note of major importance appears at the bottom of the first page, stating, “According to Article 11 ornamental fish which are not of species susceptible to any of the diseases listed in Part II of Annex IV to Directive 2006/88/EC, and ornamental molluscs and ornamental crustaceans, intended for closed ornamental facilities, may also be imported into the Community from third countries or territories that are members of the World Organisation for Animal Health (OIE).”

There are currently 174 OIE members, including Singapore, Malaysia, Japan and Thailand—but not Taiwan. Thus, while numerous countries are listed as being able to export molluscs and crustaceans to the EU (as long as certain criteria are met), Taiwan can’t—at least, not at the moment. The OIE members list is important because it explains why countries—such as the Maldives, Fiji, Bahrain, South Africa, Argentina, Peru, Korea, Malawi, Mexico, the Philippines and others—can export to the EU (providing they meet the stated health criteria).

Regulation 719/2009 is slightly more than 4 1/2 pages long, but it requires a great deal of time and effort consulting other documents to interpret the regulation correctly. Even then, the scope for misunderstanding and/or misinterpretation is considerable. Nevertheless, importers and exporters would be well advised to familiarize themselves thoroughly with the content of the document, as well as the implications of non-compliance. <HOME>