Introductory text

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^f1, as last amended by Directive 98/45/EC^f2, and in particular Article 10(2) thereof,

Whereas:

Pursuant to Directive 91/67/EEC a Member State may submit to the Commission a programme designed to enable it subsequently to initiate the procedures for a zone or a farm situated in a non-approved zone to obtain the status of approved zone or approved farm situated in a non-approved zone, as regards one or more of the fish diseases viral haemorrhagic septicaemia (VHS) and infectious haematopoietic necrosis (IHN).

Certain Member States submitted such programmes, which were approved by Commission Decision 2002/304/EC^f3, as last amended by Decision 2003/376/EC^f4.

By letters dated 12 March 2003 and 12 June 2003, the veterinary authority of Finland asked for an amendment to the programme listed in Annex I(6B) to Decision 2002/304/EC. In order to preserve the vulnerable species Baltic salmon (Salmo salar), sea trout (Salmo trutta m trutta) and whitefish (Coregonus lavaretus lavaretus), restocking in the River Kymijoki and River Summanjoki watercourse is necessary. Finland has submitted amendments to its programme providing for transfer of live eggs from wild fish from the Pyhtää restriction zone provided that all appropriate measures are taken to ensure that the eggs are free of VHS and IHN. Delimitation of the zone as established in Annex I to Decision 2002/304/EC does not change.

By letter dated 4 March 2003, the veterinary authority of Italy proposed an amendment to the programme listed in point 5.1 of Annex I to Decision 2002/304/EC. In order to increase the level of protection as regards introduction of fish into the area covered by the programme, live trout and other fish destined to restaurants for direct consumption as well as rainbow trout intended for introduction into certain artificial lakes or fish water, must come from farms or areas recognised as free of VHS and IHN. Delimitation of the zone as established in Annex I to Decision 2002/304/EC does not change.

The amendments submitted have been found to comply with Article 10 of Directive 91/67/EEC and should therefore be approved.

Decision 2002/304/EC has been amended several times. In the interests of clarity and rationality, it should be repealed and replaced by this Decision.

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: