# EUR-Lex - 52012PC0088 - EN

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# 52012PC0088

**Proposal for a COUNCIL DECISION on the position to be taken by the European Union in the EEA Joint Committeeconcerning an amendment to Annex II (Technical regulations, standards, testing and certification) /* COM/2012/088 final - 2012/0038 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

In order to ensure the requisite legal
security and homogeneity of the Internal Market, the EEA Joint Committee is to
integrate all the relevant Community legislation into the EEA Agreement as soon
as possible after its adoption.

2.           RESULTS OF CONSULTATIONS WITH THE
INTERESTED PARTIES AND IMPACT ASSESSMENTS

The draft Decision of the EEA Joint
Committee (annexed to the proposed Council Decision) aims to amend Annex II
(Technical regulations, standards, testing and certification) to the EEA
Agreement by adding new European Union acquis in this field. This concerns,

(1)
Regulation (EC) No 110/2008 of the European
Parliament and of the Council of 15 January 2008 on the definition,
description, presentation, labelling and the protection of geographical
indications of spirit drinks and repealing Council Regulation (EEC)
No 1576/89;

(2)
Commission Recommendation 2010/133/EU of 2 March
2010 on the prevention and reduction of ethyl carbamate contamination in stone
fruit spirits and stone fruit marc spirits and on the monitoring of ethyl
carbamate levels in these beverages;

which are to be incorporated into the
Agreement.

For the purpose of the implementation of Regulation
(EC) No 110/2008, certain adaptations are proposed, in particular,

(a)
The provisions of the Regulation shall not
prejudice the right of the EFTA States to prohibit, on a non-discriminatory
basis, the placing on their national market of spirit drinks for direct human
consumption which exceed an alcoholic strength of 60%. The purpose of this
adaptation, which was already provided for in relation to Regulation (EEC) No
1576/89, is to reduce the problems alcohol consumption may cause in the
EEA-EFTA states.

(b)
The EEA-EFTA States shall be invited to send representatives
to the meetings of the Committee for Spirit Drinks, as referred to in Article
25, dealing with matters which fall within acts referred to in the Agreement.
The representatives of the EFTA States shall participate fully in the work of
the Committee, but shall not have the right to vote.

(c)
Paragraph 4d) of Protocol 1 to the Agreement
shall not apply to Chapter III of the Regulation. As a consequence, the
procedures for application and registration of geographical indications will be
carried out by the Commission also in relation to applications from the
EEA-EFTA states.

(d)
Some additions to be made in Annex III, so that
reference to Icelandic and Norwegian geographical indications is continued.

3.           LEGAL ELEMENTS OF THE PROPOSAL

Article 1(3) of Council Regulation (EC) No
2894/94 concerning arrangements for implementing the EEA Agreement provides
that the Council establishes the position to be adopted on the Union’s behalf
on such Decisions, on a proposal from the Commission.

The Commission submits the Draft Decision
of the EEA Joint Committee for adoption by the Council as the Union’s position.
The Commission would hope to be able to present it in the EEA Joint Committee
at the earliest possible opportunity.

2012/0038 (NLE)

Proposal for a

COUNCIL DECISION

on the position to be taken by the
European Union in the EEA Joint Committee
concerning an amendment to Annex II (Technical regulations, standards, testing
and certification)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Articles 114 and 218(9) thereof,

Having regard to the proposal from the
European Commission,

Whereas:

(1)
Annex II to the Agreement on the European
Economic Area (“the EEA Agreement”) contains specific provisions and arrangements
concerning technical regulations, standards, testing and certification,

(2)
Regulation (EC) No 110/2008 of the European
Parliament and of the Council of 15 January 2008 on the definition,
description, presentation, labelling and the protection of geographical
indications of spirit drinks and repealing Council Regulation (EEC)
No 1576/89[1] is to be incorporated
into the Agreement,

(3)
Commission Recommendation 2010/133/EU of 2 March
2010 on the prevention and reduction of ethyl carbamate contamination in stone
fruit spirits and stone fruit marc spirits and on the monitoring of ethyl
carbamate levels in these beverages[2] is
to be incorporated into the Agreement,

(4)
Regulation (EC) No 110/2008 repeals Council
Regulation (EEC) No 1576/89[3] which is incorporated
into the Agreement and is therefore to be repealed under the Agreement,

(5)
Commission Regulation (EEC) No 1014/90[4],
which is incorporated into the Agreement, has become obsolete[5]
and is therefore to be deleted from the Agreement,

(6)
In order to reduce the problems alcohol consumption
may cause, EFTA States may prohibit, on a non-discriminatory basis, the placing
on their national market of spirit drinks for direct human consumption which
exceed an alcoholic strength of 60%,

(7)
Due to the special features of the system of
registration of geographical indications for spirit drinks and the fact that a
very low number of registrations are expected from the EFTA States, paragraph
4d) of Protocol 1 is not to be applied for these matters. As a consequence, the
procedures for application and registration of geographical indications will be
carried out by the Commission also in relation to applications from the
EEA-EFTA states,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken by the Union
within the EEA Joint Committee on the proposed amendments to Annex II to the
EEA Agreement shall be based on the draft Decision of the EEA Joint Committee
attached to this decision.

Article 2

This decision shall enter into force on the
day of its adoption.

Done at Brussels,

For
the Council

The
President

ANNEX

DECISION
OF THE EEA JOINT COMMITTEE
No

of

amending
Annex II (Technical regulations, standards, testing and certification) to the
EEA Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the
European Economic Area, as amended by the Protocol adjusting the Agreement on
the European Economic Area, hereinafter referred to as ‘the Agreement’, and in
particular Article 98 thereof,

Whereas:

(1)
Annex II to the Agreement was amended by
Decision of the EEA Joint Committee No ... of ...[6].

(2)
Regulation (EC) No 110/2008 of the European
Parliament and of the Council of 15 January 2008 on the definition,
description, presentation, labelling and the protection of geographical
indications of spirit drinks and repealing Council Regulation (EEC)
No 1576/89[7] is to be incorporated
into the Agreement.

(3)
Commission Recommendation 2010/133/EU of 2 March
2010 on the prevention and reduction of ethyl carbamate contamination in stone
fruit spirits and stone fruit marc spirits and on the monitoring of ethyl
carbamate levels in these beverages[8] is to be incorporated
into the Agreement.

(4)
Regulation (EC) No 110/2008 repeals Council
Regulation (EEC) No 1576/89[9] which is incorporated
into the Agreement and is therefore to be repealed under the Agreement.

(5)
Commission Regulation (EEC) No 1014/90[10],
which is incorporated into the Agreement, has become obsolete[11]
and is therefore to be deleted from the Agreement.

(6)
Due to the special features of the system of
registration of geographical indications for spirit drinks and the fact that a
very low number of registrations are expected from the EFTA States, it seems
reasonable to disapply paragraph 4d) of Protocol 1 for these matters. This
shall be without prejudice to other Joint Committee Decisions.

(7)
This Decision concerns legislation regarding
spirit drinks. Legislation regarding spirit drinks shall not apply to
Liechtenstein as long as the application of the Agreement between the European
Community and the Swiss Confederation on trade in agricultural products is
extended to Liechtenstein, as stated in the introduction to Chapter XXVII of
Annex II to the Agreement. This Decision is therefore not to
apply to Liechtenstein,

HAS ADOPTED THIS DECISION:

Article 1

Chapter XXVII of Annex II to the Agreement
shall be amended as follows:

1.
The text of points 1 (Council Regulation (EEC)
No 1576/89) and 2 (Commission Regulation (EEC) No 1014/90) shall be deleted.

2.
The following shall be inserted after point 8
(Commission Regulation (EC) No 2870/2000):

‘9. 32008 R 0110: Regulation (EC) No 110/2008 of the European Parliament and of the
Council of 15 January 2008 on the definition, description, presentation,
labelling and the protection of geographical indications of spirit drinks and
repealing Council Regulation (EEC) No 1576/89 (OJ L 39, 13.2.2008, p. 16),
as amended by:

- 32008 R 1334: Regulation (EC) No 1334/2008 of the European Parliament and of the
Council of 16 December 2008 (OJ L 354, 31.12.2008, p. 34).

The provisions of the Regulation shall, for the
purposes of this Agreement, be read with the following adaptations:

(a)
The provisions of the Regulation shall not
prejudice the right of the EFTA States to prohibit, on a non-discriminatory
basis, the placing on their national market of spirit drinks for direct human
consumption which exceed an alcoholic strength of 60%.

(b)
The EFTA States shall be invited to send
observers to the meetings of the Committee for Spirit Drinks, as referred to in
Article 25, dealing with matters which fall within acts referred to in the
Agreement. The representatives of the EFTA States shall participate fully in
the work of the Committee, but shall not have the right to vote.

(c)
Paragraph 4d) of Protocol 1 to the Agreement
shall not apply to Chapter III of the Regulation.

(d)
The following shall be added in Annex III:

Product category || Geographical indication || Country of origin

15. Vodka || Íslenskt Vodka/Icelandic Vodka Norsk Vodka/Norwegian Vodka || Iceland Norway

24. Akvavit/aquavit || ÍslensktBrennivín/Icelandic Aquavit Norsk akevitt/Norsk Aquavit/Norsk Akvavit/Norwegian Aquavit || Iceland Norway

Other spirit drinks || The geographical indications mentioned under this point concern products which are not defined in the Regulation. Therefore, they must be completed with the sales description “spirit drink”. The EFTA States producing these spirit drinks shall inform the other Contracting Parties of the national definitions of these products. ||

10. 32010 H 0133: Commission Recommendation 2010/133/EU of 2 March 2010 on the
prevention and reduction of ethyl carbamate contamination in stone fruit
spirits and stone fruit marc spirits and on the monitoring of ethyl carbamate
levels in these beverages (OJ L 52, 3.3.2010, p. 53).’

Article 2

The texts of Regulation (EC) No 110/2008
and Recommendation 2010/133/EU in the Icelandic and Norwegian languages, to be
published in the EEA Supplement to the Official Journal of the European
Union, shall be authentic.

Article 3

This Decision shall enter into force on ,
provided that all the notifications under Article 103(1) of the Agreement have
been made to the EEA Joint Committee*.

Article 4

This Decision shall be published in the EEA
Section of, and in the EEA Supplement to, the Official Journal of the
European Union.

Done at Brussels, [...].

|| For the EEA Joint Committee            The President  [...]

|| The Secretaries           to the EEA Joint Committee   [...]

[1]               OJ L 39, 13.2.2008, p. 16.

[2]               OJ L 52, 3.3.2010, p. 53.

[3]               OJ L 160, 12.6.1989, p. 1.

[4]               OJ L 105, 25.4.1990, p. 9.

[5]

[6]               OJ L ...

[7]               OJ L 39, 13.2.2008, p. 16.

[8]               OJ L 52, 3.3.2010, p. 53.

[9]               OJ L 160, 12.6.1989, p. 1.

[10]             OJ L 105, 25.4.1990, p. 9.

[11]             OJ C 30, 6.2.2009, p. 18.

-               [No constitutional requirements indicated.]
[Constitutional requirements indicated.]