Minutes of College Meeting September 2017

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Brussels, 20 September 2017 Doc No: 872799 Minutes of College Meeting 20-20 September 2017 Members present: Sven Erik Svedman Helga Jónsdóttir Frank J. Büchel Officials present: Anders Ihr Asta Magnusdottir Rut Einarsdottir Carsten Zatschler Michael Sanchez Rydelski Fabian Kaisen Gunnar Thor Petursson Kristin Bangsund Craig Simpson Caspar Ebrecht Milagros Varela Choucino Werner Miguel Kuhn Maxime Baudouin Lisa Dutton * * * 1. Agenda - Wednesday 20 September 2017 Document 872784 The College approved the draft agenda.

Page 2 2. Case 79409: College Decision 152/17/COL - Closure decision - Iceland - Non implementation of Directive 2009/123 amending Directive 2005/35/EC on ship-source pollution and on the introduction of penalties for infringements Document 863509 The College adopted a Decision to close a case on Iceland s failure to take the measures necessary to implement the Act referred to at point 56v of Annex XIII of the Agreement on the European Economic Area (Directive 2009/123/EC of the European Parliament and of the Council of 21 October 2009 amending Directive 2005/35/EC on ship-source pollution and on the introduction of penalties for infringements), 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. 152/17/COL. 3. Case 78433: College Decision 155/17/COL- Closure Decision - Follow-up Case 18/15 against Iceland - Reporting formalities for ships arriving in/or departing from EC ports Document 869070 The College adopted a Decision to close an own initiative case arising from an alleged failure by Iceland to comply with the judgment of the EFTA Court in Case E-18/15 EFTA Surveillance Authority v Iceland, as Decision No. 155/17/COL. 4. Case 75720: College Decision 153/17/COL - Closure Decision - Complaint against Norway concerning the requirements for use of clean seawater in fishery production Document 863466 The College adopted a Decision to close a complaint case arising from an alleged failure by Norway to comply with Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption, Regulation (EC) No 852/2004 of 29 April 2004 on the hygiene of foodstuffs, and Regulation (EC) No 853/2004 of 29 April 2004 laying down specific hygiene rules for food of animal origin, by maintaining in force an administrative practice requiring land-based seafood producing establishments to comply with the requirements for potable water when they use clean seawater, as Decision No. 153/17/COL. 5. Case 77606: College Decision 154/17/COL - Closure Decision - Complaint against Norway concerning unlawful discrimination of private enterprises and a possible breach of public procurement rules Document 858393 The College adopted a Decision to close a complaint case arising from an alleged unlawful discrimination of private enterprises and breach of the EEA rules on public procurement, as Decision No. 154/17/COL.

Page 3 6. Case 72376: College Decision 150/17/COL - Reasoned opinion - Own-initiative case concerning access to in-patient treatment in other EEA States from Norway - breach of Regulation 883/2004 and Article 36 EEA Document 828764 PRS 846538 PRS NO 854530 Factsheet 854531 Factsheet NO 854538 The College adopted a Decision to deliver a reasoned opinion 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 Norway s criteria for access to in-patient treatment in other EEA States in breach of Article 20 of Regulation 883/2004, Directive 2011/24 and Article 36 EEA, as Decision No. 150/17/COL. Norway. The College agreed to inform the public by means of a press release and factsheets. 7. Case 80644: College Decision 157/17/COL- Reasoned opinion to Iceland for non-incorporation of Regulation 2016/1788 as regards the list of requirements for vehicle EU type-approval Document 871707 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 point 40 of Chapter II of Annex II of the Agreement on the European Economic Area (Commission Delegated Regulation (EU) 2016/1788 of 14 July 2016 amending Regulation (EU) No 167/2013 of the European Parliament and of the Council as regards the list of requirements for vehicle EU type-approval, and amending and correcting Commission Delegated Regulations (EU) No 1322/2014, (EU) 2015/96, (EU) 2015/68 and (EU) 2015/208 with regard to vehicle construction and general requirements, to environmental and propulsion unit performance requirements, to vehicle braking requirements and to vehicle functional safety requirements), as adapted to that Agreement by Protocol 1 thereto, as such into its national law, as Decision No. 157/17/COL.

Page 4 8. Case 80645: College Decision 158/17/COL- Reasoned opinion to Iceland for non-incorporation of Regulation 2016/1789 as regards administrative requirements for the approval and market surveillance of agricultural and forestry vehicles Document 871714 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 point 40d of Chapter II of Annex II of the Agreement on the European Economic Area (Commission Implementing Regulation (EU) 2016/1789 of 7 September 2016 amending Implementing Regulation (EU) 2015/504 with regard to the administrative requirements for the approval and market surveillance of agricultural and forestry vehicles), as adapted to that Agreement by Protocol 1 thereto, as such into its national law, as Decision No. 158/17/COL. 9. Case 80755: College Decision 159/17/COL- Reasoned opinion to Iceland for non-incorporation of Regulation 2016/646 as regards emissions from light passenger and commercial vehicles (Euro 6) Document 872447 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 point 45zu of Chapter I of Annex II of the Agreement on the European Economic Area (Commission Regulation (EU) 2016/646 of 20 April 2016 amending Regulation (EC) No 692/2008 as regards emissions from light passenger and commercial vehicles (Euro 6) ), as adapted to that Agreement by Protocol 1 thereto, as such into its national law, as Decision No. 159/17/COL. 10. Case 81023: College Decision 160/17/COL - Reasoned opinion to Iceland for non-incorporation of Regulation 2017/129 amending Regulation 743/2013 on protective measures on imports of bivalve molluscs from Turkey intended for human consumption Document 872948 31 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice concerning the failure by that State to make part of its legal order (Commission Implementing Regulation (EU) 2017/129 of 25 January 2017 amending Implementing Regulation (EU) No 743/2013 introducing protective measures on imports of bivalve molluscs from Turkey intended for human consumption, as regards its period of application), as incorporated by simplified procedure during the first quarter of 2017, as Decision No. 160/17/COL.

Page 5 11. Case 81024: College Decision 161/17/COL - Reasoned opinion to Iceland for non-incorporation of Regulation 2017/151 amending Regulation 798/2008 re entries in the list of third countries from which poultry and poultry products may be imported Document 872960 The College adopted a College Decision to deliver a Reasoned Opinion 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 the failure by Iceland to make part of its legal order Commission Implementing Regulation (EU) 2017/151 of 27 January 2017 amending Annex I to Regulation (EC) No 798/2008, as regards the entries in the list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Union and the veterinary certification requirements as incorporated by simplified procedure during the first quarter of 2017, as Decision No. 161/17/COL. 12. Decisions taken by delegation procedure None 13. Decisions taken by written procedure None 14. Other business None 15. Minutes of the College Meeting 20 - Wednesday 20 September 2017 Document 872799 For approval Sven Erik Svedman President Carsten Zatschler Director

Page 6 This document has been electronically signed by Carsten Zatschler, Sven Erik Svedman.