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:

- 399 D 0412: Commission Decision 1999/412/EC of 3 June 1999 concerning a questionnaire for the reporting obligation of Member States pursuant to Article 41(2) of Council Regulation (EEC) No 259/93 (OJ L 156, 23.6.1999, p. 37).

3. The proposal includes an adaptation for Liechtenstein, entitling it to use the Swiss consignment note for hazardous waste disposed of or recovered in Switzerland. This is justified, as Decision of the EEA Joint Committee No 34/2000 grants Liechtenstein the right to apply Swiss regulations in the context.

4. 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 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 March 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] ...

(2) Commission Decision 1999/412/EC of 3 June 1999 concerning a questionnaire for the reporting obligation of Member States pursuant to Article 41(2) of Council Regulation (EEC) No 259/93 [2] is to be incorporated into the Agreement,

[2] OJ L 156, 23.6.1999, p. 37.

HAS DECIDED AS FOLLOWS:

Article 1

1. The following indent shall be added, in point 32c (Council Regulation (EEC) No 259/93) of Annex XX to the Agreement, before the adaptation text:

'- 399 D 0412: Commission Decision 1999/412/EC of 3 June 1999 concerning a questionnaire for the reporting obligation of Member States pursuant to Article 41(2) of Council Regulation (EEC) No 259/93 (OJ L 156, 23.6.1999, p. 37).'

2. The following shall be added after the adaptation text in Point 32c (Council Regulation (EEC) No 259/93) of Annex XX to the Agreement:

'Based on Decision No. 34/2000 of 31 March 2000 of the EEA Joint Committee, Liechtenstein may, for hazardous waste which is disposed of or recovered in Switzerland, use the Swiss consignment notes instead of the standard consignment notes according to Commission Decision 94/774/EC. The announcement of the data may follow the Swiss classification and numbering within the framework of Commission Decision 1999/412/EC.'

Article 2

The texts of Decision 1999/412/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 [3].

[3] [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