EN Official Journal of the European Union L 125/2

COUNCIL DECISION

of 24 April 2012

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) and Annex XX (Environment) to the EEA Agreement

(2012/251/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 114, 192(1) and 218(9) thereof,

Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area (1), and in particular Article 1(3) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) Annex II and Annex XX to the Agreement on the European Economic Area (2) (‘the EEA Agreement’), contains specific provisions and arrangements concerning technical regulations, standards, testing and certification, and environment.

(2) Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures (3) should be incorporated into the EEA Agreement.

(3) Regulation (EC) No 1336/2008 of the European Parliament and of the Council of 16 December 2008 amending Regulation (EC) No 648/2004 in order to adapt it to Regulation (EC) No 1272/2008 (4) should be incorporated into the EEA Agreement.

(4) Directive 2008/112/EC of the European Parliament and of the Council of 16 December 2008 amending Council Directives 76/768/EEC, 88/378/EEC, 1999/13/EC and Directives 2000/53/EC, 2002/96/EC and 2004/42/EC of the European Parliament and of the Council in order to adapt them to Regulation (EC) No 1272/2008 (5) should be incorporated into the EEA Agreement.

(5) Commission Regulation (EU) No 453/2010 of 20 May 2010 amending Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (6) should be be incorporated into the EEA Agreement.

(6) Commission Regulation (EU) No 440/2010 of 21 May 2010 on the fees payable to the European Chemicals Agency pursuant to Regulation (EC) No 1272/2008 (7) should be incorporated into the EEA Agreement.

(7) Regulation (EC) No 1272/2008 repeals Council Directive 67/548/EEC (8) and Directive 1999/45/EC of the European Parliament and of the Council (9) with effect from 1 June 2015. Since those Directives have been incorporated into the EEA Agreement, that Agreement should be amended, with effect from 1 June 2015, to take account of their repeal.

(8) Annexes II and XX to the EEA Agreement should be amended accordingly.

(9) The position of the Union within the EEA Joint Committee should therefore be based on the attached draft Decision,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken by the European Union in the EEA Joint Committee on the proposed amendments to Annex II (Technical regulations, standards, testing and certification) and Annex XX (Environment) 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 Luxembourg, 24 April 2012. For the Council The President N. WAMMEN

(1) OJ L 305, 30.11.1994, p. 6.

(2) OL L 1, 3.1.1994, p. 3.

(3) OJ L 353, 31.12.2008, p. 1.

(4) OJ L 354, 31.12.2008, p. 60.

(5) OJ L 345, 23.12.2008, p. 68.

(6) OJ L 133, 31.5.2010, p. 1.

(7) OJ L 126, 22.5.2010, p. 1.

(8) Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (OJ 196, 16.8.1967, p. 1).

(9) Directive 1999/45/EC of 31 May 1999 concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations (OJ L 200, 30.7.1999, p. 1).