Draft DECISION OF THE EEA JOINT COMMITTEE amending Annex XX (Environment) to the EEA Agreement - Draft common position of the Community

(presented by the Commission)

EXPLANATORY MEMORANDUM

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

2. The EEA Joint Committee should therefore adopt the attached decision to amend Annex XX to the EEA Agreement by adding recently adopted acquis in the field of environment. The decision concerns:

-32001 R 0761: Regulation (EC) No 761/2001 of the European Parliament and of the Council of 19 March 2001 allowing voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) (OJ L 114, 24.4.2001, p. 1),

-32001 D 0681: Commission Decision 2001/681/EC of 7 September 2001 on guidance for the implementation of Regulation (EC) No 761/2001 of the European Parliament and of the Council allowing voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) (OJ L 247, 17.9.2001, p. 24) and

-32001 H 0680: Commission Recommendation 2001/680/EC of 7 September 2001 on guidance for the implementation of Regulation (EC) No 761/2001 of the European Parliament and of the Council allowing voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) (OJ L 247, 17.9.2001, p. 1).

3. The proposal includes adaptations to the act to be extended to the EEA which introduce changes that are more than mere technical adjustments.

4. Article 1(3)(a) of Council Regulation (EC) No 2894/94 concerning the arrangements for implementing the EEA Agreement envisages that the Council establish the Community position for decisions extending Community legislation with substantial changes.

5. The Council is requested to approve the attached draft decision for adoption by the EEA Joint Committee. The Commission would hope to be able to put forward the position of the Community in the EEA Joint Committee in November 2002.

Draft DECISION OF THE EEA JOINT COMMITTEE amending Annex XX (Environment) 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 XX to the Agreement was amended by Decision of the EEA Joint Committee No .../... of... [1].

[1] OJ L ...

(2) Regulation (EC) No 761/2001 of the European Parliament and of the Council of 19 March 2001 allowing voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) [2] is to be incorporated into the Agreement.

[2] OJ L 114, 24.4.2001, p. 1.

(3) Commission Decision 2001/681/EC of 7 September 2001 on guidance for the implementation of Regulation (EC) No 761/2001 of the European Parliament and of the Council allowing voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) [3] is to be incorporated into the Agreement.

[3] OJ L 247, 17.9.2001, p. 24.

(4) Commission Recommendation 2001/680/EC of 7 September 2001 on guidance for the implementation of Regulation (EC) No 761/2001 of the European Parliament and of the Council allowing voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) [4] is to be incorporated into the Agreement.

[4] OJ L 247, 17.9.2001, p. 1.

(5) The Comité Européen de Normalisation, hereinafter referred to as 'CEN', holds the copyright of the text of section 4 of EN ISO 14001:1996 reproduced in Annex I to Regulation (EC) No 761/2001 and has the right to exploit the copyright.

(6) The use of the text of section 4 of EN ISO 14001:1996 reproduced in Annex I to Regulation (EC) No 761/2001 is made with the permission of CEN.

(7) The permission of CEN is expressed in a Licence Agreement dated 16 June 2000 between the European Community and CEN whereby CEN grants the European Community the right to reproduce the text of section 4 of EN ISO 14001:1996 and the European Community agrees to pay CEN a royalty under the terms and conditions set out in the Licence Agreement.

(8) The EFTA States agree to apply the Licence Agreement mutatis mutandis and to pay CEN a corresponding royalty under the same terms and conditions based on the sales of the text of section 4 of EN ISO 14001:1996 in Iceland, Norway and Liechtenstein by the respective members of CEN,

HAS DECIDED AS FOLLOWS:

Article 1

1. Annex XX to the Agreement shall be amended as follows:

A. The following points shall be inserted after point 2f (Council Regulation (EEC) No 1836/93):

'2fa. 32001 R 0761: Regulation (EC) No 761/2001 of the European Parliament and of the Council of 19 March 2001 allowing voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) (OJ L 114, 24.4.2001, p. 1).

2faa. 32001 D 0681: Commission Decision 2001/681/EC of 7 September 2001 on guidance for the implementation of Regulation (EC) No 761/2001 of the European Parliament and of the Council allowing voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) (OJ L 247, 17.9.2001, p. 24).'

B. The following point shall be inserted after point 39 (Recommendation 2001/331/EC of the European Parliament and of the Council):

'40. 32001 H 0680: Commission Recommendation 2001/680/EC of 7 September 2001 on guidance for the implementation of Regulation (EC) No 761/2001 of the European Parliament and of the Council allowing voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) (OJ L 247, 17.9.2001, p. 1).'

2. The EFTA States shall apply the Licence Agreement dated 16 June 2000 between the European Community and CEN mutatis mutandis and shall pay CEN a corresponding royalty under the terms and conditions set out in that Licence Agreement. The amount of the royalty shall be based on the sales of the publication of the text of section 4 of EN ISO 14001:1996 in Iceland, Norway and Liechtenstein by the respective members of CEN.

Article 2

The texts of Regulation (EC) No 761/2001, Decision 2001/681/EC and Recommendation 2001/680/EC in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Communities, 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 [5].

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

Article 4

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

Done at Brussels, .

For the EEA Joint Committee

The President

The Secretaries to the EEA Joint Committee