EFTA Surveillance Authority Decision

No 244/02/COL

of 11 December 2002

amending the EFTA Surveillance Authority Decision No 71/94/COL of 27 June 1994 concerning the status of Norway with regard to infectious haematopoietic necrosis and viral haemorrhagic septicaemia and repealing the EFTA Surveillance Authority Decision No 159/98/COL of 25 June 1998

THE EFTA SURVEILLANCE AUTHORITY,

Having regard to the Agreement on the European Economic Area (hereinafter referred to as the EEA Agreement), in particular Article 109 and Protocol 1 thereof,

Having regard to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice, in particular Article 5(2)(d) and Protocol 1 thereof,

Having regard to the Act referred to at point 4.1.5 of Chapter I of Annex I to the EEA Agreement,

"Council Directive 91/67/EEC concerning the animal health conditions governing the placing on the market of aquaculture animals and products,"

as adapted by way of Protocol 1 to the EEA Agreement, in particular Article 5 of that Act,

Whereas the EFTA Surveillance Authority, by its Decision No 71/94/COL(1) of 27 June 1994, recognised Norway as approved continental zone and as approved coastal zone for fish with regard to infectious haematopoietic necrosis and viral haemorrhagic septicaemia;

Whereas the EFTA Surveillance Authority, by its Decision No 220/96/COL(2) of 4 December 1996 amending Decision No 71/94/COL of 27 June 1994, established a non approved buffer zone towards Russia, comprising the Norwegian part of the catchment areas of Grense Jakobselv and Pasvik river and the rivers in between and the associated coastal region;

Whereas the EFTA Surveillance Authority, by its Decision No 159/98/COL(3) of 25 June 1998, due to a case of viral haemorrhagic septicaemia being confirmed in Sogn og Fjordane County in Norway, exempted the catchment area of Rødeggevannet and Rødeggevassdraget to the estuary from the approved zone with regard to that disease;

Whereas the Norwegian Government, by a letter dated 19 March 2002, informed the EFTA Surveillance Authority that the confirmed case of viral haemorrhagic septicaemia referred to in Decision No 159/98/COL of 25 June 1998 most likely was due to a contamination of the sample at the analysing laboratory;

Whereas the Norwegian Government therefore requested the EFTA Surveillance Authority to repeal its Decision No 159/98/COL of 25 June 1998;

Whereas the Norwegian Government has provided the additional information as requested by the Authority;

Whereas the EFTA Surveillance Authority has assessed all the relevant information submitted to it by the Norwegian Government;

Whereas it appears that the status as approved continental zone and as approved coastal zone can be re-established for the catchment area of Rødeggevannet and Rødeggevassdraget to the estuary;

Whereas the Authority, therefore, deems it appropriate to repeal the EFTA Surveillance Authority Decision No 159/98/COL;

Whereas the EFTA Surveillance Authority by its Decision 201/02/COL referred the matter to the EFTA Veterinary Committee assisting the EFTA Surveillance Authority;

Whereas the measures provided for in this Decision are in accordance with the opinion of the EFTA Veterinary Committee assisting the EFTA Surveillance Authority,

HAS ADOPTED THIS DECISION:

1. The EFTA Surveillance Authority Decision No 71/94/COL of 27 June 1994 concerning the status of Norway with regard to infectious haematopoietic necrosis and viral haemorrhagic septicaemia, as amended by Decision No 220/96/COL and Decision No 159/98/COL is amended as follows:

1. Point 1 is replaced by the following:

"1. The parts of Norway referred to in the Annex are recognised as approved continental zone and as approved coastal zone for fish with regard to infectious haematopoietic necrosis and viral haemorrhagic septicaemia."

2. The Annex is replaced by the following:

"ANNEX

IHN

Norway, with the exemption of the Norwegian part of the catchment areas of Grense Jakobselv and Pasvik river and the rivers in between and the associated coastal region.

VHS

Norway, with the exemption of the Norwegian part of the catchment areas of Grense Jakobselv and Pasvik river and the rivers in between and the associated coastal region."

2. The EFTA Surveillance Authority Decision No 159/98/COL is hereby repealed.

3. This Decision shall enter into force on 20 December 2002.

4. This Decision is addressed to Norway.

5. This Decision shall be authentic in the English language.

Done at Brussels, 11 December 2002.

For the EFTA Surveillance Authority

The President

Einar M. Bull

(1) OJ L 247, 22.9.1994, p. 45.

(2) OJ L 78, 20.3.1997, p. 32.

(3) OJ L 244, 3.9.1998, p. 18.