EFTA Surveillance Authority Decision No 394/06/COL of 13 December 2006 approving the up-dated scheme submitted by Norway for the withdrawal of all fish in Norwegian farms infected with infectious salmon anaemia (ISA)
Date: 2006-12-13
Institutions: EFTA Surveillance Authority
Subjects: Norway, disease prevention, fish disease, fish farming, veterinary inspection

L 132/36

EN

Official Journal of the European Union

24.5.2007

IV

(Other acts)

EUROPEAN ECONOMIC AREA

EFTA SURVEILLANCE AUTHORITY DECISION

No 394/06/COL

of 13 December 2006

approving the up-dated scheme submitted by Norway for the withdrawal of all fish in Norwegian
farms infected with infectious salmon anaemia (ISA)

THE EFTA SURVEILLANCE AUTHORITY,

sampling plans and diagnostic methods for the detection and
confirmation of ISA, as well as criteria for zoning and official
surveillance following suspicion or confirmation of ISA,

HAVING REGARD to the Agreement on the European Economic
Area (hereinafter
in
particular Article 109 and Protocol 1 thereof,

the EEA Agreement),

referred to as

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,

I of Annex I

HAVING REGARD to the Act referred to at Point 3.1.7 of
Chapter
to the EEA Agreement, Council
Directive 93/53/EEC of 24 June 1993 introducing minimum
Community measures for the control of certain fish diseases,
as amended, as adapted by way of Protocol 1 to the EEA
Agreement, in particular the first indent of Article 6(a) 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,

in order to control an outbreak of

WHEREAS the first indent of Article 6(a) of the Act lays down
that,
infectious salmon
anaemia (ISA), all fish in an infected farm shall be withdrawn
in accordance with a scheme established by the official service
and approved by the EFTA Surveillance Authority (hereinafter
referred to as the Authority),

WHEREAS the Act referred to at Point 3.2.29 of Chapter I of
Annex I
to the EEA Agreement, Commission Decision
2003/466/EC of 13 June 2003 establishing criteria for zoning
and official surveillance following suspicion or confirmation of
the presence of infectious salmon anaemia (ISA) lays down the

WHEREAS the Authority, by its Decision No 226/04/COL of 9
September 2004 approved the scheme submitted by Norway
fish in Norwegian farms infected
for the withdrawal of all
with ISA,

WHEREAS Norway, by its letter of 21 March 2006, requested
the Authority's approval of certain amendments to its scheme
for withdrawal of all fish in Norwegian farms infected with
infectious salmon anaemia, as approved by the Authority's
Decision No 226/04/COL of 9 September 2004,

WHEREAS the EFTA Surveillance Authority,
co-
operation with the Commission of the European Communities,
to the scheme
has examined the proposed amendments
submitted by Norway in the light of
the current state of
scientific and technical evidence,

in close

WHEREAS the withdrawal of fish shall be carried out in a way in
which the aim is to prevent further spread of the disease to
other farms and to the wild population susceptible to this
infection,

WHEREAS the withdrawal of fish must be based on a case-by-
case analysis of the risks for further spread of
the disease,
including the seriousness of the outbreak and other circum-
stances influencing the risks, and must
take into account
current practical experience and scientific evidence,

the

proposed
WHEREAS
amendments to the Norwegian scheme fulfil the requirements
for such a scheme and therefore are to be approved,

examination

shows

that

the

24.5.2007

EN

Official Journal of the European Union

L 132/37

WHEREAS the EFTA Surveillance Authority by its Decision No
314/06/COL referred the matter
to the EFTA Veterinary
Committee assisting the EFTA Surveillance Authority,

WHEREAS as proposed by the EFTA Veterinary Committee
assisting the EFTA Surveillance Authority and in order
to
ensure legal certainty, a new point should be included in this
decision
the Authority's Decision No
226/04/COL of 9 September 2004 is repealed,

indicating

that

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

the

HAS ADOPTED THIS DECISION:

2. The EFTA Surveillance Authority Decision No 226/04/COL
of 9 September 2004 approving the scheme submitted by
Norway for the withdrawal of all fish in Norwegian farms
infected with infectious salmon anaemia (ISA)
is hereby
repealed.

3. This Decision shall enter into force on 13 December 2006.

4. This Decision is addressed to the Kingdom of Norway.

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

Done at Brussels, 13 December 2006.

For the EFTA Surveillance Authority

1. The up-dated scheme submitted by Norway for the with-
drawal of all fish in Norwegian farms infected with infectious
salmon anaemia (ISA) is hereby approved.

Kristján Andri STEFÁNSSON
College Member

Niels FENGER
Director