Commission Decision

of 3 December 2004

amending Annexes I and II to Decision 2002/308/EC establishing lists of approved zones and approved farms with regard to one or more of the fish diseases viral haemorrhagic septicaemia (VHS) and infectious haematopoietic necrosis (IHN)

(notified under document number C(2004) 4553)

(Text with EEA relevance)

(2004/850/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], and in particular Articles 5 and 6 thereof,

Whereas:

(1) Commission Decision 2002/308/EC [2] establishes the lists of approved zones and approved fish farms situated in non-approved zones with regard to certain fish diseases.

(2) Austria, Germany, Italy and Spain have submitted the justifications for obtaining the status of approved farms in non-approved zones,with regard to VHS and IHN, for certain farms in their territory. The documentation provided shows that those farms meet the requirements of Article 6 of Directive 91/67/EEC. They therefore qualify for the status of approved farm in a non-approved zone and should be added to the list of approved farms.

(3) Italy has notified positive finding of VHS in a part of a continental zone previously considered free of the disease. The zone does therefore no longer meet the requirements of Article 5 of Directive 91/67/EEC. The approved status for the continental zone as regards VHS should consequently be repealed.

(4) Decision 2002/308/EC should therefore be amended accordingly.

(5) 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

Decision 2002/308/EC is amended as follows:

1. Annex I is replaced by the text in Annex I to this Decision.

2. Annex II is replaced by the text in Annex II to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 3 December 2004.

For the Commission

Markos Kyprianou

Member of the Commission

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[1] OJ L 46, 19.2.1991, p. 1. Directive as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

[2] OJ L 106, 23.4.2002, p. 28. Decision as last amended by Decision 2004/373/EC (OJ L 118, 23.4.2004, p. 49).

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+++++ ANNEX 1 +++++

+++++ ANNEX 2 +++++