The Board of Galicia approved on 4 December 2008 a requirement of incompetence formulated in relation to various precepts of Royal Decree 1614/2008 of 3 October concerning animal health requirements and of the products of aquaculture, as well as the prevention and control of certain diseases of aquatic animals, because they are in breach of the powers granted to them by Articles 33.1 and 27.15 of the Organic Law 1/1981 of 6 April, of the Statute of Autonomy of Galicia.

By agreement of the Council of Ministers of 9 January 2009, a reply was given to that request, agreeing to amend some of the provisions, and consequently, in compliance with the said Agreement, the partial amendment of the Royal Decree 1614/2008 of 3 October.

In the preparation of this provision, the autonomous communities and the entities representing the interests of the sectors concerned have been consulted.

In its virtue, on the proposal of the Minister of the Environment and the Rural and Marine Environment and the Minister of Health and Social Policy, after the approval of the Minister of the Presidency, in agreement with the Council of State and deliberation of the Council of Ministers at its meeting on 16 October 2009,

DISPONGO:

CHAPTER I

General provisions

Single item. Amendment of Royal Decree 1614/2008 of 3 October concerning animal health requirements for aquaculture animals and products, as well as for the prevention and control of certain diseases of aquatic animals.

Royal Decree 1614/2008 of 3 October concerning animal health requirements for aquaculture animals and products, as well as for the prevention and control of certain diseases of aquatic animals, is amended as follows:

One. The first paragraph of Article 10.1 is read as follows:

" 1. The competent authorities shall ensure that a risk-based animal health surveillance system is applied in all farms and mollusc farming areas, as appropriate for the type of production. '

Two. The last paragraph of Article 15.4 is worded as follows:

" The competent authority may, after reporting by the National Committee of the Veterinary Health Alert System, require that aquaculture animals come from an area or compartment declared free of disease in accordance with Articles 46 or 47, or apply this paragraph to programmes established and implemented in accordance with the provisions of Article 40. "

Three. Article 31.1 is worded as follows:

" 1. Aquaculture animals which have reached the commercial size and which do not have a clinical sign of disease may be collected under the supervision of the competent authority for their intended purpose for human consumption or for processing. complementary. "

Four. Article 41.3 is worded as follows:

" 3. Without prejudice to the containment measures provided for in Article 37, the competent authorities may establish an eradication programme for one or more non-exotic diseases listed in Annex IV in respect of which it is known that Spain has been infected (category V of Part A of Annex III).

In the event that the program should have supra-regional scope for the spread of the disease, it will be established by the Ministry of Environment and Rural and Marine Environment, prior to the study by the National Committee of the System of Veterinary Health Alert.

In any case, the Ministry of the Environment, and the Rural and Marine Environment will present such programmes for approval by the European Commission, which may modify or conclude the same. "

Five. Article 43.1 is worded as follows:

" 1. The programmes shall continue to apply until the requirements laid down in Annex V have been met, and the whole of Spain, of the autonomous community, of the area or compartment to which the programme extends, has been declared free of the disease, or the programme is withdrawn, especially if it no longer meets its objective, by the competent authority which approved it. '

Single end disposition. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, 16 October 2009.

JOHN CARLOS R.

The First Vice President of the Government and Minister of the Presidency,

MARIA TERESA FERNANDEZ DE LA VEGA SANZ