DECISION OF THE EEA JOINT COMMITTEE No 6/2022

of 4 February 2022

amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2022/1054]

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:

Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC (1) , as corrected by OJ L 150, 17.6.2015, p. 24 , is to be incorporated into the EEA Agreement.

Commission Delegated Directive 2014/109/EU of 10 October 2014 amending Annex II to Directive 2014/40/EU of the European Parliament and of the Council by establishing the library of picture warnings to be used on tobacco products (2) is to be incorporated into the EEA Agreement.

Directive 2014/40/EU repeals Directive 2001/37/EC of the European Parliament and of the Council (3) , which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement.

Norway should maintain its adaptation to Directive 2001/37/EC with regard to tobacco for oral use as defined in Article 2, point 8, of Directive 2014/40/EU (‘tobacco for oral use’).

Given the adaptation with regard to tobacco for oral use and on the basis of specific national circumstances supported by statistics regarding the health risks related to the use and use patterns of tobacco for oral use, Norway should be free to allow the alternative additional health warning for tobacco for oral use as indicated in this Decision.

Annex II to the EEA Agreement should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

The text of point 3 (Directive 2001/37/EC of the European Parliament and of the Council) of Chapter XXV of Annex II to the EEA Agreement is replaced by the following:

‘32014 L 0040: Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC (OJ L 127, 29.4.2014, p. 1), as corrected by OJ L 150, 17.6.2015, p. 24, as amended by:

— 32014 L 0109: Commission Delegated Directive 2014/109/EU of 10 October 2014 (OJ L 360, 17.12.2014, p. 22).

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

(a) In the second subparagraph of Article 5(1), as regards the EFTA States, the words “by 20 November 2016” shall read “at the latest six months after the date of entry into force of Decision of the EEA Joint Committee No 6/2022 of 4 February 2022”.

(b) The following subparagraph shall be added to Article 6(4) and Article 7(13): “In cases concerning manufacturers and importers in the EFTA States, the EFTA Surveillance Authority shall collect any fees charged by the Commission.”.

(c) With regard to Norway, the following subparagraph shall be added to Article 12(1): “Taking into account the specific national circumstances supported by statistics regarding the health risks related to the use and use patterns of tobacco for oral use, tobacco for oral use placed on the market in Norway may carry the following alternative health warning: “This tobacco product increases the risk of harm to the foetus and stillbirth””.

(d) In Article 15(13), as regards the EFTA States, the words “20 May 2019” shall read “sixteen months after the date of entry into force of Decision of the EEA Joint Committee No 6/2022 of 4 February 2022”.

(e) In Article 16(3), as regards the EFTA States, the words “20 May 2019” shall read “sixteen months after the date of entry into force of Decision of the EEA Joint Committee No 6/2022 of 4 February 2022”.

(f) The prohibition in Article 17 shall not apply to the placing on the market in Norway of the product defined in Article 2, point (8). Norway shall ban export of the product defined in Article 2, point (8), to all Contracting Parties to this Agreement, with the exception of Sweden.