Draft DECISION OF THE EEA JOINT COMMITTEE amending Annex II (Technical regulations, standards, testing and certification) and 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 II (Technical regulations, standards, testing and certification) and Annex XX (Environment) to the EEA Agreement by adding recently adopted acquis in these fields. The decision concerns:

- 398 L 0070: Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC (OJ L 350, 28.12.1998, p. 58);

- 399 L 0032: Council Directive 1999/32/EC of 26 April 1999 relating to a reduction in the sulphur content of certain liquid fuels and amending Directive 93/12/EEC (OJ L 121, 11.5.1999, p. 13).

3. Article 1.3(a) of Council Regulation (EC) No 2894/94 concerning the arrangements for implementing the EEA Agreement envisages that the Council establishes the Community position for such Decisions on a proposal from the Commission.

4. The draft Decision of the EEA Joint Committee is submitted for the approval of the Council. The Commission would hope to be able to put forward the position of the Community in the EEA Joint Committee in June 2001.

Draft DECISION OF THE EEA JOINT COMMITTEE amending Annex II (Technical regulations, standards, testing and certification) and 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 II to the Agreement was amended by Decision of the EEA Joint Committee No ... of ... [1].

[1] OJ L ...

(2) Annex XX to the Agreement was amended by Decision of the EEA Joint Committee No ... of ... [2].

[2] OJ L ...

(3) The adaptation to Council Directive 93/12/EEC needs to be adjusted following the accession of the Republic of Austria and the Republic of Finland to the European Union.

(4) Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC [3] is to be incorporated into the Agreement.

[3] OJ L 350, 28.12.1998, p. 58.

(5) Council Directive 1999/32/EC of 26 April 1999 relating to a reduction in the sulphur content of certain liquid fuels and amending Directive 93/12/EEC [4] is to be incorporated into the Agreement.

[4] OJ L 121, 11.5.1999, p. 13.

(6) Iceland may continue the use of gas oils for marine use not meeting the requirements of the Directive regarding sulphur content,

HAS DECIDED AS FOLLOWS:

Article 1

Point 6 (Council Directive 93/12/EEC) in Chapter XVII of Annex II to the Agreement shall be amended as follows:

1. The following shall be added:

'as amended by:

- 398 L 0070: Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 (OJ L 350, 28.12.1998, p. 58).

- 399 L 0032: Council Directive 1999/32/EC of 26 April 1999 (OJ L 121, 11.5.1999, p. 13)(*).

(*) The Directive is also listed in Annex XX, point 21ab, to the Agreement.'

2. The adaptation text shall be deleted.

Article 2

The following point shall be inserted after point 6 (Council Directive 93/12/EEC) in Chapter XVII of Annex II to the Agreement:

'6a. 398 L 0070: Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC (OJ L 350, 28.12.1998, p. 58).'

Article 3

The following point shall be inserted after point 21aa (Council Directive 1999/13/EC) in Annex XX to the Agreement:

'21ab. 399 L 0032: Council Directive 1999/32/EC of 26 April 1999 relating to a reduction in the sulphur content of certain liquid fuels and amending Directive 93/12/EEC (OJ L 121, 11.5.1999, p. 13)(*).

The provisions of the Directive shall, for the purposes of the present Agreement, be read with the following adaptation:

In article 4(2), the words "Iceland, for the whole or part of its territory," shall be inserted after the word "territory,".

(*) The Directive is also listed in Annex II, Chapter XVII, point 6, to the Agreement.'

Article 4

The texts of Directive 98/70/EC of the European Parliament and of the Council and of Council Directive 1999/32/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 5

This Decision shall enter into force on ... 2001, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee [5].

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

Article 6

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