EFTA SURVEILLANCE AUTHORITY DECISION

No 111/11/COL

of 11 April 2011

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 8/11/COL

THE EFTA SURVEILLANCE AUTHORITY,

Having regard to point 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 86/11/COL empowering the competent College Member to adopt this decision,

Whereas:

The EFTA Surveillance Authority (hereinafter the Authority), by Decision No 8/11/COL of 26 January 2011 (2), repealed its Decision No 43/10/COL of 10 February 2010 (3) and drew up a new list of border inspection posts in Iceland and Norway approved for veterinary checks on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.

On 1 March 2011, the Norwegian Food Safety Authority (hereinafter Mattilsynet) informed the Authority that it had suspended the Border Inspection Post (BIP) B氓tsfjord 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, was done in accordance with the Norwegian legislation Instruks om grensekontrollstasjoner mv. Chapter I, point 2, which implements Article 6(3) of Directive 97/78/EC, 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.

It is therefore the Authority‘檚 obligation to amend the list of border inspection posts in Iceland and Norway and to publish a new list, reflecting the suspension of the BIP B氓tsfjord Port (TRACES Code NO BJF 1) from the Norwegian list of BIPs.

The Authority has referred the matter to the EFTA Veterinary Committee assisting the EFTA Surveillance Authority. 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 B氓tsfjord Port (TRACES Code NO BJF 1) is suspended until further notice 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 08/11/COL of 26 January 2011 is hereby repealed.

Article 4

This Decision shall enter into force on 11 April 2011.

Article 5

This Decision is addressed to Iceland and Norway.

Article 6

This Decision shall be authentic in the English language.

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

(2) OJ L 85, 31.3.2011, p. 27 and EEA Supplement No 16, 31.3.2011, p. 1.

(3) OJ L 256, 30.9.2010, p. 30 and EEA Supplement No 53, 30.9.2010, p. 1.