EFTA Surveillance Authority Decision of 9 September 2004 recognising the entire coastline of Norway as an approved zone with regard to Bonamia ostreae and Marteilia refringens
Date: 2004-09-09
Institutions: EFTA Surveillance Authority
Subjects: EFTA, European Economic Area, Norway, animal disease, disease prevention, mollusc

23.12.2004

EN

Official Journal of the European Union

C 319/67

EFTA SURVEILLANCE AUTHORITY DECISION

of 9 September 2004

recognising the entire coastline of Norway as an approved zone with regard to Bonamia ostreae
and Marteilia refringens

(2004/C 319/11)

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 of 28 January 1991 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 Agree-
ment, in particular Article 5 of that Act,

Having regard to the EFTA Surveillance Authority Decision No 196/04/COL of 14 July 2004 empowering
the Member with special responsibility for the free movement of goods to take certain decisions and
measures, and in particular Point 1 thereof,

Whereas 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. refringens), the status of approved zone,
the EFTA States shall submit to the EFTA Surveillance Authority (hereinafter referred to as the Authority)
appropriate justifications and the national rules ensuring compliance with the conditions laid down in the
Act,

Whereas the Authority, by its Decision No 191/94/COL of 30 November 1994, approved the programmes
concerning bonamiosis and marteiliosis for Norway,

Whereas the Norwegian Government, by a letter dated 20 November 2000, submitted to the Authority an
application for approval of Norway as one coastal zone free of bonamiosis and marteiliosis,

Whereas external experts have assessed the documentation provided by the Norwegian Government and
concluded that Norway has submitted the appropriate justifications required in order to obtain the status
of an approved zone with regard to B. ostreae and M. refringens for the entire coastline of Norway and, that
the data provided also confirms that the national rules in place ensure compliance with the requirements
for maintenance of the approved status,

Whereas the Authority agrees to the conclusions of the external experts in that the documentation
provided by Norway shows that the entire coastline of Norway qualify for the status of approved zone
with regard to B. ostreae and M. refringens by meeting the requirements of Article 5 of the Act,

Whereas the Authority, after having assessed whether to exclude a part of the Norwegian coastline close to
the border between Norway and Russia in order to establish a buffer zone, and after having discussed the
matter with the Commission of the European Communities and an expert at the EU Community Reference
Laboratory for diseases affecting molluscs, has concluded that, at least for the time being, such a buffer
zone can not be justified,

Whereas up-dated information on the status of the two diseases provided by Norway has documented that
the status has not changed,

Whereas the Authority by its Decision 221/04/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 Veter-
inary Committee assisting the EFTA Surveillance Authority,

C 319/68

EN

Official Journal of the European Union

23.12.2004

HAS ADOPTED THIS DECISION:

1. The approved zones with regard to B. ostreae and M. refringens for Norway are listed in the Annex.

2. This Decision shall enter into force on 15 September 2004.

3. This Decision is addressed to Norway.

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

Done at Brussels, 9 September 2004

For the EFTA Surveillance Authority

Bernd HAMMERMANN

College Member

Niels FENGER

Director

23.12.2004

EN

Official Journal of the European Union

C 319/69

Zones approved for the mollusc diseases Bonamia ostreae and Marteilia refringens

1. The entire coastline of Norway

ANNEX