2002/300/EC: Commission Decision of 18 April 2002 establishing the list of approved zones with regard to Bonamia ostreae and/or Marteilia refringens (Text with EEA relevance) (notified under document number C(2002) 1426)
Date: 2002-04-18
Institutions: European Commission
Subjects: animal disease, animal product, aquaculture, health control, mollusc

L 103/24

EN

Official Journal of the European Communities

19.4.2002

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 18 April 2002

establishing the list of approved zones with regard to Bonamia ostreae and/or Marteilia refringens

(notified under document number C(2002) 1426)

(Text with EEA relevance)

(2002/300/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 91/67/EEC of 28 January
1991 concerning the animal health conditions governing the
placing on the market of aquaculture animals and products (1),
as last amended by Directive 98/45/EC (2), and in particular
Article 5 thereof,

Whereas:

(1)

(2)

(3)

(4)

In order to obtain, for one or more of the mollusc
diseases bonamiosis and marteiliosis — if caused by the
agents Bonamia ostreae (B. ostreae) and Marteilia refringens
(M. Refrigens) — the status of approved zone, Member
States shall submit the appropriate justifications and the
national rules ensuring compliance with the conditions
laid down in Directive 91/67/EEC.

Commission Decision 93/55/EEC (3), as amended by
Decision 93/169/EEC (4), amends the guarantees for the
introduction of molluscs
for which a
programme for B. ostreae and M. refringens has been
approved.

into zones

The programme concerning bonamiosis and marteiliosis
in Ireland was approved by Commission Decision 93/
56/EEC (5).

Council Regulation (EEC) No 706/73 of 12 March 1973
concerning the Community arrangements applicable to
the Channel Islands and the Isle of Man for trade in

agricultural products (6), as amended by Regulation (EEC)
No 1174/86 (7), lays down that the veterinary legislation
shall apply to these islands under the same conditions as
in the United Kingdom for the products imported to the
islands or exported from the islands to the Community.

The programmes concerning bonamiosis and martei-
liosis submitted by the United Kingdom were approved
by Commission Decisions 92/528/EEC (8) (Great Britain
(Jersey), 93/
and Northern Ireland), 93/57/EEC (9)
58/EEC (10)
(the Isle of
Man) respectively.

(Guernsey) and 93/59/EEC (11)

Ireland has
submitted the appropriate justifications
required to obtain the status of approved zone, with
regard to B. ostreae and M. refringens, for certain areas of
Ireland, as well as the national rules ensuring compliance
with the requirements for maintenance of the approved
status.

The United Kingdom has submitted the appropriate
justifications required to obtain the status of approved
zones, with regard to B. ostreae and M. refringens, for
certain areas, as well as the respective national rules
ensuring compliance with the requirements for mainte-
nance of the approved status.

The documentation provided by Ireland and the United
Kingdom for the zones concerned shows that
these
zones meet the requirements of Article 5 of Council
Directive 91/67/EEC. They therefore qualify for the
status of approved zones.

(5)

(6)

(7)

(8)

(1) OJ L 46, 19.2.1991, p. 1.
(2) OJ L 189, 3.7.1998, p. 12.
(3) OJ L 14, 22.1.1993, p. 24.
(4) OJ L 71, 24.3.1993, p. 16.
(5) OJ L 14, 22.1.1993, p. 25.

(6) OJ L 68, 15.3.1973, p. 1.
(7) OJ L 107, 24.4.1986, p. 1.
(8) OJ L 332, 18.11.1992, p. 25.
(9) OJ L 14, 22.1.1993, p. 26.
(10) OJ L 14, 22.1.1993, p. 27.
(11) OJ L 14, 22.1.1993, p. 28.

19.4.2002

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Official Journal of the European Communities

L 103/25

(9)

For the sake of clarity and simplification, it is appro-
priate to draw up a single list of all approved zones with
regard to bonamiosis and marteiliosis and to repeal deci-
sions approving programmes earlier applied to the
zones that subsequently have achieved approved status.

(10) Decisions 92/528/EEC, 93/56/EEC, 93/57/EEC, 93/
58/EEC and 93/59/EEC should therefore be repealed and
replaced by this Decision.

(11)

The measures provided for in this Decision are in
accordance with the opinion of the Standing Committee
on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

The zones recognised as approved zones with regard to B.
ostreae and M. refringens are listed in the Annex.

Article 2

Decisions 92/528/EEC, 93/56/EEC, 93/57/EEC, 93/58/EEC and
93/59/EEC are hereby repealed.

References to the repealed Decisions shall be construed as
references to this Decision.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 18 April 2002.

For the Commission

David BYRNE

Member of the Commission

L 103/26

EN

Official Journal of the European Communities

19.4.2002

ZONES APPROVED FOR ONE OR MORE OF THE MOLLUSC DISEASES B. OSTREAE AND M. REFRINGENS

ANNEX

1.A. Zones in Ireland approved with regard to B. Ostreae

— The whole coastline of Ireland except the following four areas:

— Cork Harbour,
— Galway Bay,
— Ballinakill Harbour,
— Clew Bay.

1.B. Zones in Ireland approved with regard to M. Refringens

— The whole coastline of Ireland.

2.A. Zones in the United Kingdom, the Channel Islands and the Isle of Man approved with regard to B. Ostreae

— The whole coastline of Great Britain, excluding the following areas:
— the south coast of Cornwall from the Lizard to Start Point,
— the area around the Solent estuary from Portland Bill to Selsey Bill,
— the area along the coast in Essex from Shoeburyness to Landguard point.

— The whole coastline of Northern Ireland.
— The whole coastline of Guernsey and Herm.
— The zone of the States of Jersey: the zone consists of the intertidal and immediate coastal area between the mean
high water mark on the Island of Jersey and an imaginary line drawn three nautical miles from the mean low
water mark of the Island of Jersey. The zone is situated in the Normano-Breton Gulf, on the south side of the
English Channel.

— The whole coastline of the Isle of Man.

2.B. Zones in the United Kingdom, the Channel Islands and the Isle of Man approved with regard to M.

Refringens

— The whole coastline of Great Britain.
— The whole coastline of Northern Ireland.
— The whole coastline of Guernsey and Herm.
— The zone of the States of Jersey: the zone consists of the intertidal and immediate coastal area between the mean
high water mark on the Island of Jersey and an imaginary line drawn three nautical miles from the mean low
water mark of the Island of Jersey. The zone is situated in the Normano-Breton Gulf, on the south side of the
English Channel.

— The whole coastline of the Isle of Man.