EN Official Journal of the European Union L 41/28

EFTA SURVEILLANCE AUTHORITY DECISION

No 301/08/COL

of 21 May 2008

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 378/07/COL of 12 September 2007

THE EFTA SURVEILLANCE AUTHORITY,

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

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,

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 1.1.4 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), as amended and adapted to the EEA Agreement by the sectorial adaptations referred to in Annex I to that Agreement, and in particular to Article 6(2) thereof,

HAVING REGARD to the Act referred to at point 1.1.5 of Chapter I of Annex I to the EEA Agreement (Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC), as amended and adapted to the EEA Agreement by the sectorial adaptations referred to in Annex I to that Agreement, and in particular to Article 6(4) thereof,

HAVING REGARD to the Act referred to at point 1.2.111 of Chapter I of Annex I to the EEA Agreement (Commission Decision 2001/812/EC of 21 November 2001 laying down the requirements for the approval of border inspection posts responsible for veterinary checks on products introduced into the Community from third countries), as amended, and in particular to Article 3(5) thereof,

WHEREAS the Authority by Decision No 378/07/COL of 12 September 2007 repealed its Decision No 320/06/COL of 31 October 2006 and drew up a new list of border inspection posts in Iceland and Norway approved for veterinary checks on live animal and animal products from third countries,

WHEREAS the Government of Iceland has requested to add a border inspection post at Reykjavík Samskip for the categories of packed frozen fishery products, packed fishery products to be stored at ambient temperature, packed fish oil not intended for human consumption and packed fishmeal, to the list of border inspection posts in Iceland and Norway approved for veterinary checks on products and animals from third countries contained in point 39 in Part 1.2 of Chapter I of Annex I to the EEA Agreement,

WHEREAS the Government of Iceland has proposed to rename the existing border inspection post in Reykjavík as Reykjavík Eimskip,

WHEREAS the Government of Iceland has proposed to add the additional product categories packed fish oil for human and non-human consumption and to limit the category of fishmeal to packed fishmeal only to the border inspection posts Akureyri, Reykjavík Eimskip and Hafnarfjörður,

WHEREAS the Government of Iceland has proposed to add the additional product categories fish oil for human and non-human consumption in bulk only to the border inspection post Þorlákshöfn,

WHEREAS, in October 2007, the Authority carried out a joint inspection with the European Commission and in the course of that inspection, the proposed border inspection post Reykjavík Samskip and the border inspection posts in Akureyri, Hafnarfjörður, Ísafjörður, Keflavík, Reykjavík Eimskip and Þorlákshöfn were visited,

WHEREAS on the basis on the observations made during the joint inspection and following information on corrective action provided by the Government of Iceland on 18 March 2008, a common recommendation was signed, on 6 May 2008, by inspectors of the Authority and of the European Commission,

WHEREAS, according to the signed common recommendation, it is proposed to add to the listing of the border inspection post Þorlákshöfn the product categories fish oil for human and non-human consumption in bulk only,

WHEREAS, according to the signed common recommendation, it is proposed that the new border inspection post Reykjavik Samskip is added to the list contained in point 39 of Part 1.2 of Chapter I of Annex I to the Agreement on the European Economic Area, with a new Animo code for the product categories packed frozen fishery products, packed fishery products to be stored at ambient temperature, fish oil for non-human consumption and fishmeal,

WHEREAS, according to the signed common recommendation, it is proposed to add to the listing of the border inspection post Hafnarfjörður the additional product categories of packed chilled fishery products and packed fishery products to be stored at ambient temperatures for human consumption, packed fish oil for non-human consumption and to limit its current fishmeal category to packed fishmeal only,

WHEREAS, according to the signed common recommendation, it is proposed to rename the existing border inspection post Reykjavík as Reykjavík Eimskip, and to add to its listing the additional product categories of packed fishery products at ambient and chilled temperatures and packed fish oil for non-human consumption and to limit its current fishmeal category to packed fishmeal only,

WHEREAS the Authority by its Decision No 273/08/COL referred the matter to the EFTA Veterinary Committee assisting the EFTA Surveillance Authority,

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

HAS ADOPTED THIS DECISION:

1. 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.

2. The EFTA Surveillance Authority Decision No 378/07/COL of 12 September 2007 is hereby repealed.

3. This Decision shall enter into force on 21 May 2008.

4. This Decision is addressed to Iceland and Norway.

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

Done at Brussels, 21 May 2008. For the EFTA Surveillance Authority Per SANDERUD President Kristján Andri STEFÁNSSON College Member