Judgment of the Court of 29 July 2022 in Case E-3/22 EFTA Surveillance Authority v Iceland (Failure by an EFTA State to fulfil its obligations – Failure to comply – Regulation (EC) No 1069/2009 and Commission Regulation (EU) No 142/2011) 2023/C 29/08
Date: 2022-07-29
Institutions: EFTA Court
Subjects: European Economic Area, Iceland, agricultural waste, animal product, by-product, health control, health risk, infringement of EU law, veterinary inspection, waste disposal








C_2023029EN.01004301.xml










26.1.2023   


EN


Official Journal of the European Union


C 29/43






JUDGMENT OF THE COURT
of 29 July 2022
in Case E-3/22
EFTA Surveillance Authority v Iceland


(Failure by an EFTA State to fulfil its obligations – Failure to comply – Regulation (EC) No 1069/2009 and Commission Regulation (EU) No 142/2011)


(2023/C 29/08)
In Case E-3/22, EFTA Surveillance Authority v Iceland – APPLICATION seeking a declaration that Iceland has failed to fulfil its obligations under the Acts referred to at points 9b and 9c of Part 7.1 of Chapter I of Annex I to the Agreement on the European Economic Area (Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (1) and Commission Regulation (EU) No 142/2011 of 25 February 2011 implementing Regulation (EC) No 1069/2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive (2)) by failing to prevent the direct disposal of fallen stock (Category 3 slaughterhouse waste and home slaughter waste in authorised landfills without prior processing) and the burial on-site of fallen stock and home slaughter waste (including Category 1 specified risk material) in the absence of the statutory conditions for such disposal method being met, the Court, composed of Páll Hreinsson, President, Per Christiansen and Bernd Hammermann (Judge-Rapporteur), Judges, gave judgment on 29 July 2022, the operative part of which is as follows:
The Court hereby:






1.


Declares that Iceland has failed to fulfil its obligations under the Acts referred to at points 9b and 9c of Part 7.1 of Chapter I of Annex I to the EEA Agreement, in particular:






a)


under Article 4(3) of Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002, as amended and as adapted to the EEA Agreement by the specific and the sectoral adaptations referred to in Annex I to that Agreement, to maintain a system of official controls in order to verify that the requirements of that Regulation concerning the disposal of animal by-products are fulfilled by the relevant operators;










b)


under Article 4(4)(b) of Regulation (EC) No 1069/2009 to have an adequate system in place on its territory to ensure that animal by-products are disposed of in accordance with that Regulation; and










c)


under Article 32(1) of Commission Regulation (EU) No 142/2011 of 25 February 2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive, as amended and as adapted to the EEA Agreement by the specific and the sectoral adaptations referred to in Annex I to that Agreement, to take the necessary measures to control compliance of relevant operators with their animal by-products disposal obligations




by failing to prevent:






—


the direct disposal of fallen stock, Category 3 slaughterhouse waste and home slaughter waste in authorised landfills in Iceland without prior processing; and










—


the burial on-site of fallen stock and home slaughter waste (including Category 1 specified risk material) in the absence of the conditions of Article 19 or 20 of Regulation (EC) No 1069/2009 being met,




both contrary to Articles 12, 13 and 14 of Regulation (EC) No 1069/2009.










2.


Orders each party to bear its own costs of the proceedings.






(1)  OJ L 300, 14.11.2009, p. 1.

(2)  OJ L 54, 26.2.2011, p. 1.