EN Official Journal of the European Union L 141/16

EFTA SURVEILLANCE AUTHORITY DECISION

No 92/12/COL

of 13 March 2012

amending the list contained in point 39 of Part 1.2 of Chapter I of Annex I to the Agreement on the European Economic Area listing border inspection posts in Iceland and Norway agreed for veterinary checks on live animals and animal products from third countries and repealing EFTA Surveillance Authority Decision No 367/11/COL

THE EFTA SURVEILLANCE AUTHORITY,

HAVING REGARD to points 4(B)(1) and (3) and point 5(b) of the Introductory Part of Chapter I of Annex I to the EEA Agreement,

HAVING REGARD to the Act referred to at point 4 of Part 1.1 of Chapter I of Annex I to the EEA Agreement (Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (1)), as amended and adapted to the EEA Agreement by the sectoral adaptations referred to in Annex I to that Agreement, and in particular to Article 6(2) thereof,

HAVING REGARD to College Decision No 68/12/COL empowering the competent College Member to adopt this decision,

Whereas:

On 1 March 2011, the Norwegian Food Safety Authority (Mattilsynet) informed the EFTA Surveillance Authority (the Authority) that it had suspended the Border Inspection Post (BIP) Båtsfjord Port (TRACES Code NO BJF 1) from the Norwegian list of approved BIPs, following the extensive damage suffered by the facilities of the BIP in a fire on 28 January 2011. Mattilsynet indicated that, as a result of this fire, the BIP could no longer fulfil the requirements in the legislation concerning social rooms, laboratory and storage facilities.

The suspension of the approval and the subsequent provision of information to the Authority were done in accordance with the Norwegian legislation Instruks om grensekontrollstasjoner mv. Chapter I, point 2 which implements Directive 97/78/EC art.6(3), and according to which the national competent authority shall inform the Authority about changes at a BIP or Inspection Centre (IC) which may be of importance concerning the list contained in point 39 of Part 1.2 of Chapter I of Annex I to the Agreement on the European Economic Area listing border inspection posts in Iceland and Norway.

According to Article 6(4) of Directive 97/78/EC, the Authority shall draw up and publish a list of approved border inspection posts, including cases where approval has been temporarily suspended.

The Authority, by Decision No 111/11/COL of 11 April 2011 (2), amended the list of border inspection posts to reflect the suspension of the BIP Båtsfjord Port (TRACES Code NO BJF 1) from the Norwegian list of BIPs and drew up a new list of border inspection posts in Iceland and Norway approved for veterinary checks on live animals and animal products from third countries.

Decision No 111/11/COL was subsequently repealed by Decision No 367/11/COL of 30 November 2011 (3), following a joint inspection with the Food and Veterinary Office of the European Commission (FVO) in Iceland to extend the scope of the categories for which the border inspection posts of Keflavík Airport (IS KEF 4) and Reykjavík Eimskip (IS REY 1a) are approved.

On 9 December 2011, the Authority received an invitation from Norway to inspect the new BIP facilities at Båtsfjord Port and, subsequently, to lift the suspension of the BIP. Norway provided the Authority with additional information concerning the construction schedule and the floor plan of the new BIP-facilities.

From 13 to 15 February 2012, the Authority carried out an inspection of BIP Båtsfjord Port. On the basis on the observations made during this inspection, it is proposed to lift the suspension of the BIP Båtsfjord Port (TRACES Code NO BJF 1) and to adopt a new list of border inspection posts in Iceland and Norway agreed for veterinary checks on live animals and animal products from third countries.

The Authority, by its decision 68/12/COL, referred the matter to the EFTA Veterinary Committee assisting the EFTA Surveillance Authority. The Committee approved unanimously the proposed modification to the list. Consequently, the measures provided for in this Decision are in accordance with the unanimous opinion of the EFTA Veterinary Committee assisting the EFTA Surveillance Authority and the final text of the measures remains unchanged.

HAS ADOPTED THIS DECISION:

Article 1

BIP Båtsfjord Port (TRACES Code NO BJF 1) is no longer suspended from the list contained in point 39 of Part 1.2 of Chapter I of Annex I to the Agreement on the European Economic Area of border inspection posts in Iceland and Norway agreed for veterinary checks on live animals and animal products from third countries.

Article 2

Veterinary checks on live animals and animal products brought into Iceland and Norway from third countries shall be carried out by the competent national authorities at the agreed border inspection posts listed in the Annex to this Decision.

Article 3

The EFTA Surveillance Authority Decision No 367/11/COL of 30 November 2011 is hereby repealed.

Article 4

This Decision shall enter into force on 13 March 2012.

Article 5

This Decision is addressed to Iceland and Norway.

Article 6

This Decision shall be authentic in the English language.

Done at Brussels, 13 March 2012. For the EFTA Surveillance Authority Sverrir Haukur GUNNLAUGSSON College Member Xavier LEWIS Director, Legal and Executive Affairs

(1) OJ L 24, 30.1.1998, p. 9.

(2) OJ L 170, 30.6.2011, p. 39, and EEA Supplement No 36, 30.6.2011 p. 39.

(3) OJ L 43, 16.2.2012, p. 43, and EEA Supplement No. 9, 16.2.2012 p. 43.