E-3/22 - EFTA Surveillance Authority v The Republic of Iceland
EFTA-case
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Deadlines: Motivation ministry: 22 April 2022 Written observations: 7 June 2022
Keywords : animal-by products, slaughterhouse waste, disposal, breach of obligations
Subject :
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
Facts of the case:
Iceland is required to verify that obligations concerning the disposal of animal by-products are fulfilled by operators, to ensure accordance with EEA law under Regulation No 1069/2009. During a fact-finding mission carried out by the EFTA Surveillance Authority (ESA) in 2013, several infringements regarding the disposal of animal by-products in Iceland were discovered. In some municipalities in Iceland, unprocessed animal by-products were collected in containers and transported for direct disposal, without prior processing. In other municipalities, these animal by-products were buried on farms. ESA argued that these forms of disposal are contrary to articles 12(c), 13(c) and 14(c) of Regulation No 1069/2009. Iceland acknowledged the shortcomings, but a subsequent ESA fact-finding mission in 2018 found that Iceland still failed to comply to EEA law obligations concerning the disposal, and had not taken significant action in the past 9 years. The wrongful burial of animal by-products on farms remained common practice. In this application, the ESA therefore seeks a declaration that Iceland has breached its obligations concerning the disposal of animal by-products.
Application summary:
In light of the above, ESA adopted Decision No 244/21/COL on 20-10-2021 to bring the matter before the EFTA Court. Considering the long duration of this case without any significant action having been taken by Iceland, ESA requests the Court to declare that:
By failing to prevent:
a) the direct disposal of fallen stock, Category 3 slaughterhouse waste and home slaughter waste in authorised landfills in Iceland without prior processing, contrary to Articles 12(c), 13(c) and 14(c) of Regulation 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; and
b) 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 No 1069/2009 being met, contrary to Articles 12, 13 and 14 of Regulation No 1069/2009
Iceland has failed to fulfil its obligations:
a) under Article 4(3) of Regulation No 1069/2009 to maintain a system of official controls in order to verify that the requirements of Regulation No 1069/2009 concerning disposal of animal by-products are fulfilled by relevant operators;
b) under Article 4(4)(b) of Regulation 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 Regulation No 1069/2009; and
c) under Article 32(1) of Commission Regulation No 142/2011 of 25 February 2011 implementing Regulation 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-product disposal obligations.
Cited (recent) case-law:
Policy Area: LNV, VWS
