ISSN 1977-0677

Official Journal

of the European Union

L 95

European flag  

English edition

Legislation

Volume 62
4 April 2019


Contents

 

II   Non-legislative acts

page

 

 

REGULATIONS

 

*

Commission Regulation (EU) 2019/543 of 3 April 2019 amending Annex IV to Regulation (EC) No 661/2009 of the European Parliament and of the Council and Annexes I, III and IV to Directive 2007/46/EC of the European Parliament and of the Council as regards updating the references to and including certain Regulations of the United Nations Economic Commission for Europe on the type-approval of motor vehicles ( 1 )

1

 

 

DECISIONS

 

*

Commission Implementing Decision (EU) 2019/544 of 3 April 2019 amending Implementing Decision (EU) 2018/2031 determining, for a limited period of time, that the regulatory framework applicable to central counterparties in the United Kingdom of Great Britain and Northern Ireland is equivalent, in accordance with Regulation (EU) No 648/2012 of the European Parliament and of the Council ( 1 )

9

 

*

Commission Implementing Decision (EU) 2019/545 of 3 April 2019 amending Implementing Decision (EU) 2018/2030 determining, for a limited period of time, that the regulatory framework applicable to central securities depositories of the United Kingdom of Great Britain and Northern Ireland is equivalent in accordance with Regulation (EU) No 909/2014 of the European Parliament and of the Council ( 1 )

11

 

 

III   Other acts

 

 

EUROPEAN ECONOMIC AREA

 

*

EFTA Surveillance Authority Decision No 1/19/COL of 16 January 2019 extending the special guarantees concerning Salmonella spp. laid down in Regulation (EC) No 853/2004 of the European Parliament and of the Council to meat and eggs of domestic fowl (Gallus gallus), and meat derived from turkeys intended for Iceland [2019/546]

13

 


 

(1)   Text with EEA relevance.

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.


II Non-legislative acts

REGULATIONS

4.4.2019   

EN

Official Journal of the European Union

L 95/1


COMMISSION REGULATION (EU) 2019/543

of 3 April 2019

amending Annex IV to Regulation (EC) No 661/2009 of the European Parliament and of the Council and Annexes I, III and IV to Directive 2007/46/EC of the European Parliament and of the Council as regards updating the references to and including certain Regulations of the United Nations Economic Commission for Europe on the type-approval of motor vehicles

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (1), and in particular Article 39(2) thereof,

Having regard to Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor (2), and in particular Article 14(1)(a) and (f) thereof,

Whereas:

(1)

Annex IV of Directive 2007/46/EC lists the requirements applicable for the purpose of EC type-approval of motor vehicles. Those requirements include Union legislation and in some cases UN Regulations adopted in the context of the United Nations Economic Commission for Europe, which apply either on a compulsory basis or as an alternative to the Union requirements.

(2)

Annex IV to Regulation (EC) No 661/2009 lists the UN Regulations which apply on a compulsory basis in the context of the general safety of vehicles.

(3)

The lists of requirements applicable for the purpose of EC type-approval in Annex IV of Directive 2007/46/EC and the list of UN Regulations which apply on a compulsory basis in Annex IV to Regulation (EC) No 661/2009 are updated frequently to reflect the application at Union level of new requirements in the respective UN Regulations.

(4)

UN Regulation No 0 on the International Whole Vehicle Type Approval (3) was recently adopted in the context of the United Nations Economic Commission for Europe in order to reduce barriers to trade between the Contracting Parties applying that UN Regulation, which include the Union and its Member States, and to provide an increased level of certainty for vehicle manufacturers seeking recognition of their type-approval in those Contracting Parties.

(5)

It is appropriate to update the lists of requirements which apply for the purpose of EC type-approval of vehicles included in Annex IV of Directive 2007/46/EC, as well as the list of UN regulations which apply on a compulsory basis set out in Annex IV to Regulation (EC) No 661/2009 in order to reflect the changes introduced by UN Regulation No 0.

(6)

The table in Part II of Annex IV to Directive 2007/46/EC is outdated. For this reason, it is necessary to update the list of UN Regulations the requirements of which are considered as equivalent to the Union requirements for the purposes of EC type-approval.

(7)

It is also necessary to update the list of information for the purposes of EC type-approval of vehicles contained in Annex I and the information document in Section A of Part I of Annex III to Directive 2007/46/EC with references to Acoustic Vehicle Alerting System to be approved in accordance with the provisions either of Regulation (EU) No 540/2014 of the European Parliament and of the Council (4) or of UN Regulation No 138 (5).

(8)

From 1 September 2018 new UN Regulations No 140 (6) and No 141 (7) became applicable. Sufficient time should be provided for manufacturers to adapt their vehicles to the new requirements. Therefore, it should be clarified that for the purposes of EC type-approval those requirements apply only to new types of vehicles with regard to their electronic stability control and tyre pressure monitoring systems.

(9)

The measures provided for in this Regulation are in accordance with the opinion of the Technical Committee — Motor Vehicles,

HAS ADOPTED THIS REGULATION:

Article 1

Annex IV to Regulation (EC) No 661/2009 is amended in accordance with Annex I to this Regulation.

Article 2

Annexes I, III and IV to Directive 2007/46/EC are amended in accordance with Annex II to this Regulation.

Article 3

1.   With effect from 24 April 2019, for the purposes of EC type-approval of new vehicle types with regard to their electronic stability control systems, Member States shall only accept approvals granted under UN Regulation No 140.

2.   With effect from 24 April 2019, for the purposes of EC type-approval of new vehicle types with regard to their tyre pressure monitoring systems, Member States shall only accept approvals granted under UN Regulation No 141.

Article 4

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 3 April 2019.

For the Commission

The President

Jean-Claude JUNCKER


(1)   OJ L 263, 9.10.2007, p. 1.

(2)   OJ L 200, 31.7.2009, p. 1.

(3)   OJ L 135, 31.5.2018, p. 1.

(4)  Regulation (EU) No 540/2014 of the European Parliament and of the Council of 16 April 2014 on the sound level of motor vehicles and of replacement silencing systems, and amending Directive 2007/46/EC and repealing Directive 70/157/EEC (OJ L 158, 27.5.2014, p. 131).

(5)   OJ L 9, 13.1.2017, p. 33.

(6)   OJ L 269, 26.10.2018, p. 17.

(7)   OJ L 269, 26.10.2018, p. 36.


ANNEX I

Annex IV to Regulation (EC) No 661/2009 is amended as follows:

(1)

the table is amended as follows:

(a)

the row for regulation number 10 is replaced by the following:

‘10

Electromagnetic compatibility

Supplement 1 to the 05 series of amendments

OJ L 41, 17.2.2017, p. 1.

M, N, O’;

(b)

the row for regulation number 16 is replaced by the following:

‘16

Safety-belts, restraint systems, child restraint systems and ISOFIX child restraint systems

Supplement 2 to the 07 series of amendments

OJ L 109, 27.4.2018, p. 1.

M, N (d)’;

(c)

the row for regulation number 34 is replaced by the following:

‘34

Prevention of fire risks (liquid fuel tanks)

Supplement 1 to the 03 series of amendments

OJ L 231, 26.8.2016, p. 41.

M, N, O (e)’;

(d)

the row for regulation number 39 is replaced by the following:

‘39

Speedometer equipment including its installation

Supplement 1 to the 01 series of amendments

OJ L 302, 28.11.2018, p. 106

M, N’;

(e)

the row for regulation number 44 is replaced by the following:

‘44

Restraining devices for child occupants of power-driven vehicles (‘child restraint system’)

Supplement 10 to the 04 series of amendments

OJ L 265, 30.9.2016, p. 1.

M, N (h)’;

(f)

the row for regulation number 48 is replaced by the following:

‘48

Installation of lighting and light-signalling devices on motor vehicles

Supplement 10 to the 06 series of amendments

OJ L 14, 16.1.2019, p. 42

M, N, O’;

(g)

the row for regulation number 58 is replaced by the following:

‘58

Rear underrun protective devices (RUPDs) and their installation; Rear underrun protection (RUP)

03 series of amendments

OJ L 49, 20.2.2019, p. 1.

M, N, O’;

(h)

the row for regulation number 67 is replaced by the following:

‘67

Motor vehicles using LPG

Supplement 14 to the 01 series of amendments

OJ L 285, 20.10.2016, p. 1.

M, N’;

(i)

the row for regulation number 79 is replaced by the following:

‘79

Steering equipment

03 series of amendments

OJ L 318, 14.12.2018, p. 1.

M, N, O’;

(j)

the row for regulation number 94 is replaced by the following:

‘94

Protection of occupants in the event of a frontal collision

03 series of amendments

OJ L 35, 8.2.2018, p. 1.

M1’;

(k)

the row for regulation number 100 is replaced by the following:

‘100

Electric safety

Supplement 3 to the 02 series of amendments

OJ L 302, 28.11.2018, p. 114.

M, N’;

(l)

the row for regulation number 107 is replaced by the following:

‘107

M2 and M3 vehicles

Supplement 1 to the 07 series of amendments

OJ L 52, 23.2.2018, p. 1.

M2, M3’;

(m)

the row for regulation number 117 is replaced by the following:

‘117

Tyres with regard to rolling sound emissions, adhesion on wet surfaces and rolling resistance (Classes C1, C2 and C3)

Supplement 8 to the 02 series of amendments

OJ L 218, 12.8.2016, p. 1.

M, N, O’;

(n)

the row for regulation number 119 is replaced by the following:

‘119

Cornering lamps

Supplement 3 to the 01 series of amendments

OJ L 89, 25.3.2014, p. 101.

M, N (h)’;

(o)

the row for regulation number 123 is replaced by the following:

‘123

Adaptive front-lighting systems (AFS)

Supplement 9 to the 01 series of amendments

OJ L 49, 20.2.2019, p. 24.

M, N’;

(p)

the row for regulation number 125 is replaced by the following:

‘125

Forward field of vision

Supplement 1 to the 01 series of amendments

OJ L 20, 25.1.2018, p. 16.

M1’;

(q)

the row for regulation number 128 is replaced by the following:

‘128

Light Emitting Diode (LED) light sources

Supplement 6 to the original version of the Regulation

OJ L 320, 17.12.2018, p. 63.

M, N, O’;

(r)

the following new rows 140 and 141 are added:

‘140

Stability control

Supplement 2 to the original version of the Regulation

OJ L 269, 26.10.2018, p. 17.

M1, N1

141

Tyre Pressure Monitoring Systems (TPMS)

Original version of the Regulation

OJ L 269, 26.10.2018, p. 36.

M1, N1 (i)’;

(2)

the note (b) to the table is replaced by the following:

‘(b)

The fitting of an electronic stability control system is required in accordance with Article 12(1) and (2) of Regulation (EC) No 661/2009.’;

(3)

the note (c) to the table is replaced by the following:

‘(c)

The fitting of an electronic stability control system is required in accordance with Article 12(1) and (2) of Regulation (EC) No 661/2009.’;

(4)

the note (f) to the table is replaced by the following:

‘(f)

Where it is declared by the vehicle manufacturer that a vehicle is suitable for towing loads (point 2.11.5 of Annex I to Directive 2007/46/EC) and any part of a suitable mechanical coupling device, whether fitted or not to the type of motor-vehicle, could (partly) obscure any lighting component and/or the space for mounting and fixing the rear registration plate, the following shall apply:

the motor-vehicle's user instructions (e.g. owner's manual, vehicle handbook) shall clearly specify that installation of a mechanical coupling device that cannot be easily removed or repositioned is not permitted;

the instructions shall also clearly specify that, when fitted, a mechanical coupling device must always be removed or repositioned when it is not in use; and

in the case of vehicle system type-approval according to UN Regulation 55, it shall be ensured that the removal, repositioning and/or alternate location provisions are also fully complied with as regards lighting installation and space for mounting and fixing the rear registration plate.’;

(5)

the following note (h) to the table is added:

‘(h)

A Universal International Whole Vehicle Type Approval issued under UN Regulation No 0 (OJ L 135, 31.5.2018, p. 1), that includes type-approval under the respective UN Regulations in the table that refer to this note, shall be considered equivalent to an EC type-approval granted under this Regulation.’;

(6)

the following note (i) to the table is added:

‘(i)

Tyre pressure monitoring system for M1 vehicles applies on a compulsory basis in accordance with Article 9(2) of Regulation (EC) No 661/2009. UN Regulation No 141 applies to the approval of vehicles of category M1 up to a maximum mass of 3 500 kg. UN Regulation No 141 may apply on voluntary basis to the approval of vehicles of category N1 that are not fitted with twin wheels on an axle’.

ANNEX II

Directive 2007/46/EC is amended as follows:

(1)

in Annex I, the following new points 12.9, 12.9.1 and 12.9.2 are inserted:

‘12.9.   Acoustic Vehicle Alerting System (AVAS)

12.9.1.

Type-approval number of a type of vehicle with regard to its sound emission in accordance with UN Regulation No 138 (OJ L 9, 13.1.2017, p. 33).

12.9.2.

Complete reference of the test results of AVAS sound emission levels, measured in accordance with Regulation (EU) No 540/2014 of the European Parliament and of the Council (*1).

(*1)  Regulation (EU) No 540/2014 of the European Parliament and of the Council of 16 April 2014 on the sound level of motor vehicles and of replacement silencing systems, and amending Directive 2007/46/EC and repealing Directive 70/157/EEC (OJ L 158, 27.5.2014, p. 131).’;"

(2)

in Annex III, in Section A of Part I, the following new points 12.9, 12.9.1 and 12.9.2 are inserted:

‘12.9.   Acoustic Vehicle Alerting System (AVAS)

12.9.1.

Type-approval number of a type of vehicle with regard to its sound emission in accordance with UN Regulation No 138.

12.9.2.

Complete reference of the test results of AVAS sound emission levels, measured in accordance with Regulation (EU) No 540/2014.’;

(3)

in Annex IV, Part II is amended as follows:

(a)

the first paragraph below the title is replaced by the following:

‘Where reference is made to a separate Directive or Regulation in the table of Part I, a Universal International Whole Vehicle Type Approval issued under UN Regulation No 0 (*2) that includes type-approval under the relevant of the following UN Regulations or an approval issued under the following UN regulations to which the Union has acceded as a Contracting Party to the United Nations Economic Commission for Europe ‘Revised 1958 Agreement’ by virtue of Council Decision 97/836/EC (*3), or subsequent Council decisions as referred to in Article 3(3) of that Decision, shall be considered equivalent to an EC type-approval granted under the relevant separate Directive or Regulation.

(*2)   OJ L 135, 31.5.2018, p. 1."

(*3)   OJ L 346, 17.12.1997, p. 78.’;"

(b)

the table is replaced by the following:

 

‘Subject

UN regulations

Series of amendments

1 (1)

Permissible sound level

51

59

02

01

1a

Permissible sound level (not covering AVAS and replacement silencers)

51

03

Acoustic Vehicle Alerting System (AVAS)

138

01

Replacement silencing systems

59

02

58

Pedestrian protection (not covering brake assist and frontal protection systems)

127

00

 

Brake assist system

139

00

59 (2)

Recyclability

133

00

62 (3)

Hydrogen storage systems

134

00

65

Advanced emergency braking systems

131

01

66

Lane departure warning system

130

00

N.B.:

Installation requirements contained in a separate directive or regulation shall apply also to components and separate technical units approved in accordance with the UN regulations.


(*1)  Regulation (EU) No 540/2014 of the European Parliament and of the Council of 16 April 2014 on the sound level of motor vehicles and of replacement silencing systems, and amending Directive 2007/46/EC and repealing Directive 70/157/EEC (OJ L 158, 27.5.2014, p. 131).’;

(*2)   OJ L 135, 31.5.2018, p. 1.

(*3)   OJ L 346, 17.12.1997, p. 78.’;’


(1)  The numbering of the entries in this table refers to the numbering used in the table of Part I.

(2)  The requirements set out in Annex I to Directive 2005/64/EC shall apply.

(3)  The type-approval of hydrogen storage systems and all closure devices (each specific component) is mandatory and does not cover the material qualifications of all components that are covered by Article 2(2) of Regulation (EC) No 79/2009 of the European Parliament and of the Council.’.


DECISIONS

4.4.2019   

EN

Official Journal of the European Union

L 95/9


COMMISSION IMPLEMENTING DECISION (EU) 2019/544

of 3 April 2019

amending Implementing Decision (EU) 2018/2031 determining, for a limited period of time, that the regulatory framework applicable to central counterparties in the United Kingdom of Great Britain and Northern Ireland is equivalent, in accordance with Regulation (EU) No 648/2012 of the European Parliament and of the Council

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the functioning of the European Union,

Having regard to Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (1), and in particular Article 25(6) thereof,

Whereas:

(1)

Pursuant to Article 2 of Commission Implementing Decision (EU) 2018/2031 (2), that Decision is to apply from the date following that on which the Treaties cease to apply to and in the United Kingdom of Great Britain and Northern Ireland (the ‘United Kingdom’) pursuant to Article 50(3) of the Treaty on European Union, unless a withdrawal agreement has entered into force by that date or the two-year period referred to in Article 50(3) of the Treaty on European Union has been extended.

(2)

On 22 March 2019, the European Council adopted Decision (EU) 2019/476 (3) extending the period under Article 50(3) of the Treaty on European Union in agreement with the United Kingdom. Consequently, the second condition for the application of Implementing Decision (EU) 2018/2031, namely that the two-year period referred to in Article 50(3) of the Treaty on European Union has not been extended, will not be fulfilled.

(3)

However, the reasons underlying Implementing Decision (EU) 2018/2031 remain, regardless of any extension of the period referred to in Article 50(3) of the Treaty on European Union. In particular, in the event of a withdrawal without an agreement after the extended period, potential risks persist in relation to the financial stability of the Union and its Member States. Therefore, Implementing Decision (EU) 2018/2031 should apply if the United Kingdom withdraws from the Union without an agreement.

(4)

Implementing Decision (EU) 2018/2031 should therefore be amended accordingly.

(5)

This Decision should enter into force as a matter of urgency to ensure that it applies in the event that the United Kingdom withdraws from the Union without a withdrawal agreement after the expiry of the period referred to in Article 50(3) of the Treaty on European Union as extended by the European Council on 22 March 2019.

(6)

The measures provided for in this Decision are in accordance with the opinion of the European Securities Committee,

HAS ADOPTED THIS DECISION:

Article 1

In Article 2 of Implementing Decision (EU) 2018/2031, the third paragraph is replaced by the following:

‘However, this Decision shall not apply if a withdrawal agreement concluded with the United Kingdom of Great Britain and Northern Ireland in accordance with Article 50(2) of the Treaty on European Union has entered into force by the date referred to in the second paragraph of this Article.’

Article 2

This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Done at Brussels, 3 April 2019.

For the Commission

The President

Jean-Claude JUNCKER


(1)   OJ L 201, 27.7.2012, p. 1.

(2)  Commission Implementing Decision (EU) 2018/2031 of 19 December 2018 determining, for a limited period of time, that the regulatory framework applicable to central counterparties in the United Kingdom of Great Britain and Northern Ireland is equivalent, in accordance with Regulation (EU) No 648/2012 of the European Parliament and of the Council (OJ L 325, 20.12.2018, p. 50).

(3)  European Council Decision (EU) 2019/476 taken in agreement with the United Kingdom of 22 March 2019 extending the period under Article 50(3) TEU (OJ L 80I, 22.3.2019, p. 1).


4.4.2019   

EN

Official Journal of the European Union

L 95/11


COMMISSION IMPLEMENTING DECISION (EU) 2019/545

of 3 April 2019

amending Implementing Decision (EU) 2018/2030 determining, for a limited period of time, that the regulatory framework applicable to central securities depositories of the United Kingdom of Great Britain and Northern Ireland is equivalent in accordance with Regulation (EU) No 909/2014 of the European Parliament and of the Council

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 909/2014 of the European Parliament and of the Council of 23 July 2014 on improving securities settlement in the European Union and on central securities depositories and amending Directives 98/26/EC and 2014/65/EU and Regulation (EU) No 236/2012 (1), and in particular Article 25(9) thereof,

Whereas:

(1)

Pursuant to Article 2 of Commission Implementing Decision (EU) 2018/2030 (2), that Decision is to apply from the date following that on which the Treaties cease to apply to and in the United Kingdom of Great Britain and Northern Ireland (the ‘United Kingdom’) pursuant to Article 50(3) of the Treaty on European Union, unless a withdrawal agreement has entered into force by that date or the two-year period referred to in Article 50(3) of the Treaty on European Union has been extended.

(2)

On 22 March 2019, the European Council adopted Decision (EU) 2019/476 (3) extending the period under Article 50(3) of the Treaty on European Union in agreement with the United Kingdom. Consequently, the second condition for the application of Implementing Decision (EU) 2018/2030, namely that the two-year period referred to in Article 50(3) of the Treaty on European Union has not been extended, will not be fulfilled.

(3)

However, the reasons underlying Implementing Decision (EU) 2018/2030 remain, regardless of any extension of the period referred to in Article 50(3) of the Treaty on European Union. In particular, in the event of a withdrawal without an agreement after the extended period, potential risks persist in relation to certain services provided to Union operators by central securities depositories that have already been authorised in the United Kingdom and that cannot be replaced in the short-term. Therefore, Implementing Decision (EU) 2018/2030 should apply if the United Kingdom withdraws from the Union without an agreement.

(4)

Implementing Decision (EU) 2018/2030 should therefore be amended accordingly.

(5)

This Decision should enter into force as a matter of urgency to ensure that it applies in the event that the United Kingdom withdraws from the Union without a withdrawal agreement after the expiry of the period referred to in Article 50(3) of the Treaty on European Union as extended by the European Council on 22 March 2019.

(6)

The measures provided for in this Decision are in accordance with the opinion of the European Securities Committee,

HAS ADOPTED THIS DECISION:

Article 1

In Article 2 of Implementing Decision (EU) 2018/2030, the third paragraph is replaced by the following:

‘However, this Decision shall not apply if a withdrawal agreement concluded with the United Kingdom of Great Britain and Northern Ireland in accordance with Article 50(2) of the Treaty on European Union has entered into force by the date referred to in the second paragraph of this Article.’

Article 2

This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Done at Brussels, 3 April 2019.

For the Commission

The President

Jean-Claude JUNCKER


(1)   OJ L 257, 28.8.2014, p. 1.

(2)  Commission Implementing Decision (EU) 2018/2030 of 19 December 2018 determining, for a limited period of time, that the regulatory framework applicable to central securities depositories of the United Kingdom of Great Britain and Northern Ireland is equivalent in accordance with Regulation (EU) No 909/2014 of the European Parliament and of the Council (OJ L 325, 20.12.2018, p. 47).

(3)  European Council Decision (EU) 2019/476 taken in agreement with the United Kingdom of 22 March 2019 extending the period under Article 50(3)TEU (OJ L 80 I, 22.3.2019, p. 1).


III Other acts

EUROPEAN ECONOMIC AREA

4.4.2019   

EN

Official Journal of the European Union

L 95/13


EFTA SURVEILLANCE AUTHORITY DECISION No 1/19/COL

of 16 January 2019

extending the special guarantees concerning Salmonella spp. laid down in Regulation (EC) No 853/2004 of the European Parliament and of the Council to meat and eggs of domestic fowl (Gallus gallus), and meat derived from turkeys intended for Iceland [2019/546]

THE EFTA SURVEILLANCE AUTHORITY,

Having regard to the Act referred to at point 17 in Part 6.1 of Chapter I of Annex I to the EEA Agreement, Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (1), and in particular Article 8(3)(b) thereof,

as adapted to the EEA Agreement by point 4(d) of Protocol 1 to the EEA Agreement and Articles 1(1)(c), 1(2) and 3 of Protocol 1 to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice,

Whereas:

(1)

Regulation (EC) No 853/2004 lays down specific rules on the hygiene of food of animal origin for food business operators, with certain special guarantees for certain food of animal origin intended for the Finnish, Swedish and Norwegian markets. Accordingly, food business operators intending to place meat from specified animals and eggs on the market in those EEA States are to comply with certain rules in respect of Salmonella. Furthermore, consignments of such products are to be accompanied respectively by a trade document or certificate stating that a microbiological test has been carried out with negative results in accordance with EEA legislation.

(2)

In addition, Commission Regulation (EC) No 1688/2005 (2) specifies those special guarantees, laying down rules on the sampling of such products and microbiological methods for the examination of those samples. It also sets out a trade document and a certificate to accompany consignments of the products.

(3)

On 5 July 2018, the Icelandic Government submitted a request to the EFTA Surveillance Authority (‘the Authority’) for special guarantees concerning Salmonella to be extended to Iceland, in respect of poultry meat and eggs in accordance with Regulation (EC) No 853/2004. (3) The request includes the Icelandic Salmonella Control Programme for poultry farming and poultry products.

(4)

The Icelandic Salmonella Control Programme covers the whole of poultry production including domestic fowls, turkeys, ducks, geese and other poultry populations. However, the provisions of Regulation (EC) No 2160/2003 of the European Parliament and of the Council (4) concerning EEA targets for the reduction of the prevalence of Salmonella serotypes and national control programmes, and its implementing measures, in particular Commission Regulations (EU) No 200/2012 (5), (EU) No 200/2010 (6), (EU) No 517/2011 (7) and (EU) No 1190/2012 (8) establishing EEA targets for the reduction of the prevalence of certain Salmonella serotypes in certain poultry populations, only cover, as regards poultry, flocks of broilers, breeding flocks and laying hens of Gallus gallus, and flocks of turkeys.

(5)

During its meeting of 18 June 2008, the Standing Committee on the Food Chain and Animal Health agreed on a Commission staff working document entitled ‘Guidance document on the minimum requirements for Salmonella control programmes to be recognised equivalent to those approved for Sweden and Finland in respect of meat and eggs of Gallus gallus’ (‘the Guidance document’) (9).

(6)

The Authority, in cooperation with the European Commission, has examined the provisions of the Icelandic Salmonella Control Programme concerning meat and eggs of domestic fowl (Gallus gallus) and meat derived from turkeys. The programme was also presented by the Icelandic Government and discussed at the meeting of the Standing Committee on Plants, Animals, Food and Feed, Section Biological Safety of the Food Chain of 5 October 2018.

(7)

The provisions of the Icelandic Salmonella Control Programme concerning meat and eggs of domestic fowl (Gallus gallus) and meat derived from turkeys are considered equivalent to those approved for Finland, Sweden and Norway, and in line with the Guidance document and corresponding requirements applicable to turkeys.

(8)

The special guarantees should therefore be extended to consignments of meat and eggs of domestic fowl (Gallus gallus) and meat derived from turkeys intended for Iceland. In addition, the rules laid down in Regulation (EC) No 1688/2005 concerning the sampling of such meat and of the flocks of origin of the eggs, the microbiological methods for the examination of those samples and the trade document or certificate should apply to such consignments.

(9)

The measures provided for in this Decision are in accordance with the opinion of the EFTA Veterinary and Phytosanitary Committee.

HAS ADOPTED THIS DECISION:

Article 1

Iceland is authorised to apply the special guarantees concerning Salmonella laid down in Article 8(2) of Regulation (EC) No 853/2004 to consignments of meat and eggs of domestic fowl (Gallus gallus), and meat derived from turkeys, intended for Iceland.

Article 2

1.   The sampling of meat referred to in Article 1 and the microbiological testing of these samples shall be carried out in accordance with, respectively, Articles 3 and 5 of Regulation (EC) No 1688/2005.

2.   The sampling of the flocks of origin of eggs referred to in Article 1 and the microbiological testing of these samples shall be carried out in accordance with, respectively, Articles 4 and 5 of Regulation (EC) No 1688/2005.

3.   Consignments of meat referred to in Article 1 shall be accompanied by a trade document complying with the model set out in Annex IV to Regulation (EC) No 1688/2005.

4.   Consignments of eggs referred to in Article 1 shall be accompanied by a certificate complying with the model set out in Annex V to Regulation (EC) No 1688/2005.

Article 3

This Decision shall enter into force on 16 January 2019.

Article 4

This Decision is addressed to Iceland.

Article 5

This Decision shall be authentic in the English language.

Done at Brussels, 16 January 2019.

For the EFTA Surveillance Authority,

Bente ANGELL-HANSEN

President

Frank J. BÜCHEL

College Member

Högni KRISTJÁNSSON

Responsible College Member

Carsten ZATSCHLER

Countersigning as Director, Legal and Executive Affairs


(1)   OJ L 139, 30.4.2004, p. 55.

(2)  Commission Regulation (EC) No 1688/2005 of 14 October 2005 implementing Regulation (EC) No 853/2004 of the European Parliament and of the Council as regards special guarantees concerning salmonella for consignments to Finland and Sweden of certain meat and eggs (OJ L 271, 15.10.2005, p. 17), referred to at point 51 in Part 6.2 of Chapter I of Annex I to the EEA Agreement.

(3)  Doc No 922555.

(4)  Regulation (EC) No 2160/2003 of the European Parliament and of the Council of 17 November 2003 on the control of salmonella and other specified food-borne zoonotic agents (OJ L 325, 12.12.2003, p. 1), referred to at point 8b in Part 7.1 of Chapter I of Annex I to the EEA Agreement.

(5)  Commission Regulation (EU) No 200/2012 of 8 March 2012 concerning a Union target for the reduction of Salmonella enteritidis and Salmonella typhimurium in flocks of broilers, as provided for in Regulation (EC) No 2160/2003 of the European Parliament and of the Council (OJ L 71, 9.3.2012, p. 31), referred to at point 57 in Part 7.2 of Chapter I of Annex I to the EEA Agreement.

(6)  Commission Regulation (EU) No 200/2010 of 10 March 2010 implementing Regulation (EC) No 2160/2003 of the European Parliament and of the Council as regards a Union target for the reduction of the prevalence of Salmonella serotypes in adult breeding flocks of Gallus gallus (OJ L 61, 11.3.2010, p. 1), referred to at point 53 in Part 7.2 of Chapter I of Annex I to the EEA Agreement.

(7)  Commission Regulation (EU) No 517/2011 of 25 May 2011 implementing Regulation (EC) No 2160/2003 of the European Parliament and of the Council as regards a Union target for the reduction of the prevalence of certain Salmonella serotypes in laying hens of Gallus gallus and amending Regulation (EC) No 2160/2003 and Commission Regulation (EU) No 200/2010 (OJ L 138, 26.5.2011, p. 45), referred to at point 8(b) in Part 7.1 and at points 53 and 55 in Part 7.2 of Chapter I of Annex I to the EEA Agreement.

(8)  Commission Regulation (EU) No 1190/2012 of 12 December 2012 concerning a Union target for the reduction of Salmonella Enteritidis and Salmonella Typhimurium in flocks of turkeys, as provided for in Regulation (EC) No 2160/2003 of the European Parliament and of the Council (OJ L 340, 13.12.2012, p. 29), referred to at point 51 in Part 7.2 of Chapter I of Annex I to the EEA Agreement.

(9)  https://ec.europa.eu/food/sites/food/files/safety/docs/biosafety_food-borne-disease_salmonella_guidance_min-req_eggs-poultry-meat.pdf.