2. Decisions taken by delegation procedure

Transcription

1 Case handler: Nina Hoppe Tel: (+32)(0)2 286 l83l Brussels, 7 May 2015 Case No: Document No: Minutes of College Meeting 16-7 May 2015 Members present: Oda Helen Sletnes, Helga J6nsd6ttir and Frank Btichel Officials present: Olafur Einarrsson, Gjermund Mathisen, Brit Helle, Markus Schneider, Rodolphe Muffoz, Jonas P6lshammar, Karoline Mathisen, Caspar Ebrecht, Mila Varela Choucino, Henrik Lande Mihalis Kekelekis, Andreas Kjeldsberg Pihl and Nina Hoppe *** l. Agenda Event The College approved the Agenda 2. Decisions taken by delegation procedure None 3. Case 75563: Non-incorporation by Iceland of Commission Implementing No (selection of a symbol for the purpose of identifying certain medicinal products for human use) Decision measures necessary to implement the Act referred to at point 15zo of Chapter XIII of Annex II of the Agreernent on the European Economic Area (Commission Imolementing Regulation (EU) No 198/2013 of 7 March 2013 on the selection of a symbol for the purpose of identifiing medicinal products for human use that are subject to additional monitoring), as adapted to that Agreement by Protocol 1 thereto, as such into its national law, as Decision No. 162l15lCOL Rue Belliard 35, Brussels, tel: (+32X0)2 286 l8 I l, fax: (+32)(Q\ ,

2 Page2 4. Case 76511: Non-incorporation by lceland of Regulation (EU) 176t2014 (amending Regulation (EU) No 1031/2010 in particular to determine the volumes of greenhouse gas emission allowances to be auctioned in ) Decision measures necessary to implement the Act referred to at point 21ala of Annex XX of the Agreement on the European Economic Area (Commission Regulation (EU) No 176/2014 o.f 25 February 2014 amending Regulation (EtJ) No 1031/2010 in particular to determine the volumes of greenhouse gas emission allowances to be auctioned in ), as adapted to that Agreement by Protocol 1 thereto, as such into its national law, as Decision No. 163/151COL 5. Case 75575: Non-incorporation by Norway of Commission Regulation (EU) No of 2 October 2013 amending, for the purposes of its adaptation to technical and scientific progress, Regulation (EC) No of the European Parliament and -of tne Council on classification, labelling and packaging of substances and mixtures Decision The College adopted a decision to close a case on Norway's failure to take the measures necessary to implement the Act referred to at point l2zze of Chapter XV of Annex II of the Agreement on the European Economic Area (Commission Resulation (EUt No 944/2013 of 2 October 2013 amending,.for the purposes of its adaptation to technical and scientific progress, Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures), as adapted to that Agreement by Protocol I thereto, as such into its national law, as Decision No. 164/15lcoL 6. Case 77091: Non-incorporation by Norway of Regulation (EU) No on calcium D-pantothenate and D-panthenol as feed additives Decision The College adopted a decision to close a case on Norway's failure to take the measures necessary to implement the Act referred to at point 107 of Chapter II of Arurex I of the Agreement on the European Economic Area (Commission Implementing Regulation (EUt No 669/2014 of 18 June 2014 conceiing the authorisation of calcium D-pantothenate and D-panthenol as feed additives for all animal species), as adapted to that Agreement by Protocol I thereto, as such into its national law, as Decision No. 165/15 lcol 7. case 77092t Non-incorporation by Norway of Regulation (EU) on pediococcus pentosaceus (NCIMB 3006g) and pediococcus No pentosaceus (NCIMB 30044) as feed additives

3 Page 3 Decision The College adopted a decision to close a case on Norway's failure to take the measures necessary to implement the Act referred to at point 108 of Chapter II of Annex I of the Agreement on the European Economic Area (Commission Implementing Regulation (EU.I No 754/2014 of ll July 2014 concerning the denial of authorisation of Pediococcus pentosaceus NCIMB 30065) and Pediococcus pentosaceus NCIMB 30044) as feed additives), as adapted to that Agreement by Protocol 1 thereto, as such into its national law, as Decision No. t66nslcol- 8. Case 76518: Non-incorporation by lceland of Regulation (EU) No 69/2014 amending Regulation (EU) No laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well Decision measures necessary to implement the Act referred to at point 66p of Chapter VI of Annex XIII of the Agreement on the European Economic Area (Commission Reeulation (EU) No 69/2014 of 27 January 2014 amending Regulation (EU) No 748/2012 laying down implementing rules -fo, the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations), as adapted to that Agreement by Protocol I thereto, as such into its national law, as Decision No. 167l15iCOL 9. Case 76519: Non-incorporation by lceland of Regulation (EL) No 7ll2Dl4 amending No laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No Decision measures necessary to implernent the Act referred to at point 66nf of Chapter VI of Annex XIII of the Agreement on the European Economic Area (Commission Requlation (EU) No 7l/2014 of 27 January 2014 amending Regulation (EU) No 965/2012 laying down technical requirements and administrative procedures related to Air Operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council), as adapted to that Agreement by Protocol I thereto, as such into its national law, as Decision No. 168/15 COL 10. Case 76704: Failure by Iceland to incorporate Regulation ll74l20l3 regarding International Financial Reporting Standards 10 and 12 and International Accounting Stand ard 27 Decision

4 Page 4 measures necessary to implement the Act referred to at point loba of Annex XXII of the Agreement on the European Economic Area (Commission Regulation (EU.) No I174/2013 o.f 20 November 2013 amending Regulation (EC) No lt26/2008 adopting certain international accounting standards in accortlance with Regulation (EC) No 1606/2002 of the European Parliament and of the Council as regards International Financial Reporting Standards I0 and 12 and International Accounting Standard 27), as adapted to that Agreement by Protocol I thereto, as such into its national law, as Decision No. 169/15 lcol 11. Case 74982: Follow-up from EFTA Court Case E-9l13 EFTA Surveillance Authority v The Kingdom of Norway regarding Directive Z1l1l4BlElJ (Roadworthiness tests for motor vehicles and their trailers) Decision The College adopted a decision to close an own-initiative case against Norway for failure to comply with the judgment the EFTA Court in Case E-gll3 EFTA Surveillance Authority v The Kingdom of Norway concerning the implementation of Commission Directive 2010/48/EU of 5 July 2010 aiapting'to technical progress Directive 2009/40/EC of the European Parliament and of the Council on roadworthiness tests.for motor vehicles and their trailers, as Decision No. 170n5tcol- 12. Case 71708: Incorrect implementation by Iceland of Directiv e 2000/59lEC on port reception facilities Decision The College adopted a decision to close an own initiative case against Iceland for incorrect implementation of the Act refened to at point 56i of Chipter V of Annex XIII to the Agreement on the European Economii Area, Dtrectivi 2000/59/EC of 27 November 2000 on port reception.facilities.for ship-generated waste,"d *rg; residues, as Decision No. l7lll51col 13. Case 77056: Non-incorporation by Iceland amending Regulation (EII) No 1035/2011 Annexes to the Chicago Convention LFN of Regulation (EU) No 448/2014 by updating references to the The college took note of information received from Iceland on 30 April 2015 regarding the incorporation of the measure and decided: - not to deliver a letter of formal notice to Iceland - to close the case, as Decision No. 172ll51COL

5 Page Case 77057: Non-incorporation by lceland of Regulation (EU) No on common rules of the air and operational provisions regarding services and procedures in air navigation LFN The Collese adooted a decision to issue a letter of formal notice to Iceland in accordance with Article 31(1) of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice for that State's failure to take the measures necessary to incorporate the Act referred to at points 66wk, 66wa,66we of Annex XIII of the Agreement on the European Economic Area (Commission Implementing Regulation (EU) No 923/2012 of 26 September 2012 laying down the common rules of the air and operational provisions regarding services and procedures in air navigation and amending Implementing Regulation (EU) No 1035/2011 and Regulations (EC) No 1265/2007, (EC) No 1794/2006, (EC) No 730/2006, (EC) No 10s3/2006 and (EU) No ), as adapted to that Agreement by Protocol t thereto, as such into its national law, as Decision No ICOL 15. Case 76763: Incorrect implementation by lceland of Directive EC on Port security (PSP) LFN The College adopted a decision to issue a letter of formal notice. to Iceland in accordance with Anicle 31(l) of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice for that State's failure to take the measures necessary to implement the Act referred to at point 56t of Chapter V of Annex XIII of the Agreement on the European Economic Area (Oirectite Z0OS\fSLCC of the European Parliament and of the Council of 26 October 2005 on enhancing port security), as adapted to that Agreement by Protocol 1 thereto, into its national law and/or its failure to notify the Authority forthwith of these measures? as Decision No. 174ll5{COL 16. Case 76512: Non-incorporation by (REACH) RDO 7s3918 Iceland of Regulation (EU) The College adopted a decision to deliver a reasoned opinion to Iceland rn accordance with Article 31 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice concerning Iceland's failure to make the Act referred to at Point llzza of Chapter XV of Annex II to the Agreement on the European Economic Area (Commission Regulation (EU.t No 260/2014 of 24 January 2014 amending, for the purpose of its adaptation to technical progress, Regulation (EC) No 440/2008 laying down test methods pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction o.f Chemicals (REACH)) part of its internal legal order, as Decision No. tt5llslcol

6 17. Case 69674: Award and renewal of hydropower and geothermal licences in Iceland RDO The College adopted a decision to deliver a reasoned opinion to Iceland in accordance with Article 31 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice concerning that State's failure to fulfii its obligations arising from Articles 12 and 13 of the Act referred to at point 1 of Annex X to the EEA Agreement, Directive 2006/123/EC o.f the European Parliament and o.f the Council of l2 December 2006 on services in the internal market, as adapted to the EEA Agreement by Protocol I thereto, or, should Directive 2006/123/EC not be applicable, the failure to comply with its obligations arising from Article 31 EEA, by maintaining in force Articl" :u(z)-(o) of the Act No on the survey and utilisation of ground resources and Article 16(2)-(6) of the Water Act No , which set up an authorisation scheme for the right to hamess, respectively, geothermal energy and groundwater owned by the State, municipalities or companies owned by them, urd th" right to occupy and harness water resources owned by the State, municipalities or companies owned by them, that contains exploitable energy in excess of t O VtW, without providing for publicised, transparent and non-discriminatory award and renewal procedures, and without a requirement for a proportionate length for the authorisations, as Decision No. 176/15ICOL 18. Case 55914: Authorisation of the representation of the EFTA Surveillance Authority in legal proceedings Decision The College adopted a decision to authorise Surveillance Authority in legal proceedings Director, as Decision No. 177lI51COL the representation of the EFTA by Markus Schneider, Acting 19. case 76897: state aid - Norway - Templarheimen swimming and bathing facility in municipality of Tromso Decision The College adopted a decision to raise no objections to the envisaged grant of 100% of the construction costs, approximately NoK 600 milliorr, to 1ro-r, Municipality, or to the whoily owned company it may establish in order to construct the swimming and bathing facility Templarheimen on the basis of Article 61(3)(c) of the Agreement on the European Economic Area and the Authority's Guidelines, as Decision No. ltsllstcol 20. case 73321: state aid - Norway - Agder pubtic bus transport in the county of Aust-

7 PageT Decision The College adopted a decision to close the formal investigation into the aid to public bus transport in the County of Aust-Agder, to find that the compensation for local scheduled bus transport (including the financing of the ATP project) and school bus transport in Aust-Agder in the period from 1994 until today constitutes state aid within the meaning of Article 61(1) of the EEA Agreement that has been granted under an existing aid scheme; to find that the payments that Nettbuss Ssr AS received from 2004 to 2014 outside the remits of this existing aid scheme constitute state aid within the meaning of Article 61(l) of the EEA Agreement which is incompatible with the functioning of the EEA Agreement and to order the Norwegian authorities to take all the necessary measures to recover from Nettbuss Ssr AS the aid unlawfully made available to it, as Decision No. 179l15lCOL 21. Decision taken by written procedure None 22. Other Business None 23. Minutes of the College Meeting no. 16, held on 7 May 2015 Event The College approved the Minutes of the College Meeting held on 7 tr/.ay 2Ol5 I n //,1 / VeLLffJ(,(L-, Oda Helen Sletnes President.\ a-h*/{"'l'^ Markus Schneider Acting Director