EN Official Journal of the European Union L 268/37

EFTA SURVEILLANCE AUTHORITY DECISION

No 298/08/COL

of 21 May 2008

regarding disease-free zones and additional guarantees for Gyrodactylus salaris for Norway

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 amended and in particular to Article 13 thereof,

HAVING REGARD to the Act referred to at point 4.2.79 of Chapter I of Annex I to the EEA Agreement,

Commission Decision 2004/453/EC of 29 April 2004 implementing Council Directive 91/67/EEC as regards measures against certain fish diseases in aquaculture animals, as amended,

WHEREAS, on 8 December 2006, and in accordance with Article 13 of Council Directive 91/67/EEC, Norway submitted to the EFTA Surveillance Authority (hereafter referred to as ‘the Authority’) an application regarding disease-free zones and additional guarantees for Gyrodactylus salaris,

WHEREAS the requirements to be fulfilled in order for a territory or parts of a territory to be considered free of Gyrodactylus salaris are laid down in Annex I, Chapter I of Commission Decision 2004/453/EC,

WHEREAS, by letter of 30 March 2007 (event No 415801), the Government of Norway was invited to provide to the Authority certain information, including maps for the relevant rivers and catchments areas, related to its application for disease-free zones and relevant additional guarantees concerning Gyrodactylus salaris,

WHEREAS, on 8 February 2008 (event No 464407), the Authority received a letter from Norway whereby the points raised in previous correspondence were clarified,

WHEREAS, by e-mail dated 17 April 2008 (event No 473856), the Authority received the final list of relevant water catchments areas in Norway still reported to be positive for Gyrodactylus salaris,

WHEREAS the Authority, in close co-operation with the Commission of the European Communities, has examined the Norwegian application for disease-free zones,

WHEREAS the examination shows that the disease-free status concerning Gyrodactylus salaris and relevant additional guarantees referred to in Article 5 of Commission Decision 2004/453/EC can be granted to the continental parts of the Norwegian territory with the exemption of the water catchments areas referred to in the Annex to this Decision,

WHEREAS the Authority by its Decision 271/08/COL referred the matter to the EFTA Veterinary Committee assisting the Authority,

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

HAS ADOPTED THIS DECISION:

1. The continental parts of Norway, with the exemption of the areas referred to in the Annex to this Decision, are hereby recognised as disease-free zones for Gyrodactylus salaris.

2. Live aquaculture fish, eggs and gametes which are introduced into the continental parts of Norway shall comply with the guarantees, including those for packaging and labelling and the appropriate specific additional requirements, as laid down in the health certificate, drawn up in conformity with model health certificate in Annex III of Commission Decision 2004/453/EC. These requirements shall not apply when eggs are introduced into the disease-free zones for the purpose of human consumption.

3. This Decision shall enter into force on 21 May 2008.

4. This Decision is addressed to Norway.

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

Done at Brussels, 21 May 2008. For the EFTA Surveillance Authority Per SANDERUD President Kristján Andri STEFÁNSSON College Member