Division I.4 Requirements for the lifting of the containment measures provided for in Part 4 of the Aquatic Animal Health Regulations (change from Category V to Category III health status) with regard to infection with Marteilia refringensF1

A F2constituent GB territory, zone or compartment that has Category V health status with regard to infection with Marteilia refringens may achieve Category III health status with regard to that listed disease provided that:

1. (a)

   the requirements laid down in points I.2.2(a), (b) and (c) have been met. In case fallowing is not technically possible, the farms shall be subject to an alternative measure which provides almost similar guarantee for extermination of Marteilia refringens from the environment of the farm;

2. (b)

   all farms or mollusc farming areas officially declared infected and all other farms or mollusc farming areas fallowed/been subject to alternative measures in accordance with (a) within the established protection and surveillance zones have been restocked with molluscs F3from—

   1. (i)

      a constituent GB territory, zone or compartment with a Category 1, 2 or 3 health status with regard to Marteilia refringens;

   2. (ii)

      any part of Northern Ireland which has Category 1, 2 or 3 health status, within the meaning of Part A of Annex 3 to the EU Directive, in respect of Marteilia refringens;

   3. (iii)

      the Channel Islands, the Isle of Man or a third country, where the appropriate authority has consented to the restocking.

3. (c)

   restocking has only taken place when all farms or mollusc farming areas officially declared infected have been emptied, cleansed, disinfected and fallowed or been subject to alternative measures in accordance with (a);

4. (d)

   no confirmation of infection with Marteilia refringens has occurred during the period of 2 years that follows the completion of the measures referred to in (a), (b) and (c), and suspicions during this period have been ruled out according to the procedures established in point II.3.

F4For the purposes of point (b)(iii), consent may only be given if the appropriate authority is satisfied that the disease risk posed by molluscs from that source is no greater than if they were from a source which would satisfy point (b)(i).