# L_2021290EN.01000301.xml

| 12.8.2021 | EN | Official Journal of the European Union | L 290/3 |
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12.8.2021

EN

Official Journal of the European Union

L 290/3

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EFTA SURVEILLANCE AUTHORITY DELEGATED DECISION

of 13 April 2021

recognising the disease-free status of Norway regarding Brucella melitensis in small ruminants [2021/1331]

THE EFTA SURVEILLANCE AUTHORITY,

Having regard to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice, in particular Articles 1(2) and 3 of Protocol 1 thereof,

Having regard to the Act referred to at point 2. of Part 4.1 of Chapter I of Annex I to the Agreement on the European Economic Area (‘EEA Agreement’),

Council Directive 91/68/EEC of 28 January 1991 on animal health conditions governing intra-Community trade in ovine and caprine animals (‘Directive 91/68/EEC’),

as amended and as adapted to the EEA Agreement by the specific adaptations and the sectoral adaptations referred to in Annex I to that Agreement, by point 4(d) of Protocol 1 to the EEA Agreement, and in particular Article 15(1) and (2) and point 1. of Part II. of Chapter 1 of Annex A of Directive 91/68/EEC;

Whereas:

By letter dated 25 November 2020 (Document No 1166399), the Norwegian Food Safety Authority (‘NFSA’) requested that Norway be recognised by the EFTA Surveillance Authority (‘Authority’) as being officially free from Brucella melitensis in Norwegian small ruminants (‘the request’). The request was accompanied by a report of the Norwegian Veterinary Institute provided for the purpose of demonstrating freedom from Brucella melitensis in sheep and goats in accordance with the requirements of Directive 91/68/EEC (Document No 1166397).

By email dated 18 December 2020 (Document No 1171269), the Authority requested additional information from the NFSA regarding the legal basis for the request.

By letter dated 5 January 2021 (Document No 1171267), the Norwegian Ministry of Agriculture and Food (‘the Ministry’) responded to the Authority’s request for additional information attaching a letter from the NFSA dated 21 December 2020 (Document No 1171265) specifying that the legal basis for the request was point 1.(a), or alternatively points 1.(b) and (c), of Part II. of Chapter 1 of Annex A of Directive 91/68/EEC.

Point 1. of Part II. of Chapter I of Annex A of Directive 91/68/EEC determines that a Member State may be recognized as being officially brucellosis-free:

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The Authority, in close co-operation with the European Commission, examined the information provided by Norway and was unable to conclude on that basis that the conditions laid down in point 1.(a) of Part II. of Chapter 1 of Annex A of Directive 91/68/EEC were fulfilled. The Authority therefore considered whether the conditions laid down in point 1.(b) of Part II. of Chapter 1 of Annex A of Directive 91/68/EEC were fulfilled.

By letter dated 28 January 2021 (Document No 1172699), the Authority requested the Ministry to confirm that vaccination against brucellosis had been prohibited in small ruminants for at least the last three years in Norway.

By letter dated 23 February 2021 (Document No 1182614), the Ministry responded to the Authority’s request for confirmation attaching a letter from the NFSA (Document No 1182612) confirming that vaccination against brucellosis had been prohibited in small ruminants for at least the last three years in Norway.

The Authority, in close co-operation with the European Commission, has examined all the relevant documentation submitted by Norway and, in light of that information, considers that the conditions laid down in point 1.(b) of Part II. of Chapter 1 of Annex A of Directive 91/68/EEC required to be met for Norway to be recognised as officially free from Brucella melitensis in Norwegian small ruminants are fulfilled.

The Authority, by its Delegated Decision No 20/21/COL (Document No 1174462), duly submitted the draft Decision to the EFTA Veterinary and Phytosanitary Committee (‘the Committee’) in accordance with Article 15 and point 1.(c) of Part II. of Chapter 1 of Annex A of Directive 91/68/EEC. The Committee approved the draft Decision. Accordingly, the draft Decision is in accordance with the opinion of the Committee,

HAS ADOPTED THIS DECISION:

Article 1

The disease-free status of Norway regarding Brucella melitensis in small ruminants is recognised.

Article 2

This Decision shall enter into force on the day of its signature.

Article 3

This Decision is addressed to Norway.

Article 4

This Decision shall be authentic in the English language.

Done at Brussels, 13 April 2021.

For the EFTA Surveillance Authority, acting under Delegated Decision No 130/20/COL,

Högni S. KRISTJÁNSSON

Responsible College Member

Carsten ZATSCHLER

Countersigning as Director,

Legal and Executive Affairs

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