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, and in particular Articles 5 and 6 thereof,

Whereas:

Commission Decision 2002/308/EC^f2, establishes the lists of approved zones and approved fish farms situated in non-approved zones with regard to certain fish diseases.

Italy has submitted justification for obtaining the status of approved zones, with regard to viral haemorrhagic septicaemia (VHS) and infectious haematopoietic necrosis (IHN), for certain zones in its territory. In some of those zones the sampling in accordance with Commission Decision 2001/183/EC of 22 February 2001 laying down the sampling plans and diagnostic methods for the detection and confirmation of certain fish diseases and repealing Decision 92/532/EEC^f3 is impossible, due to the special production cycle of the farms situated in these zones.

Such production was not provided for when Decision 2001/183/EC was drawn up. However, the documentation provided shows that those zones provide an equivalent animal health status to those in which sampling in accordance with Decision 2001/183/EC has taken place. Hence, the zones meet the requirements of Article 5 of Directive 91/67/EEC. They therefore qualify for the status of approved zones and should be added to the list of approved zones.

France has submitted justification for obtaining the status of approved zones, with regard to viral haemorrhagic septicaemia (VHS) and infectious haematopoietic necrosis (IHN), for certain zones in its territory. The documentation provided shows that those zones meet the requirements of Article 5 of Directive 91/67/EEC. They therefore qualify for the status of approved zones and should be added to the list of approved zones

Austria, Germany and Italy have submitted justification 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 farms in a non-approved zone and should be added to the list of approved farms.

Germany has notified the presence of IHN in two farms previously considered free of that disease. However, the farms remain free from VHS. Those farms should therefore no longer appear in Decision 2002/308/EC as free of IHN.

Decision 2002/308/EC should therefore be amended accordingly.

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: