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:

- 32000 R 2037: Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer (OJ L 244, 29.9.2000, p. 1), as amended by:

- 32000 R 2038: Regulation (EC) No 2038/2000 of the European Parliament and of the Council of 28 September 2000 (OJ L 244, 29.9.2000, p. 25).

- 32000 R 2039: Regulation (EC) No 2039/2000 of the European Parliament and of the Council of 28 September 2000 (OJ L 244, 29.9.2000, p. 26)

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 June 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 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer [2] is to be incorporated into the Agreement.

[2] OJ L 244, 29.9.2000, p. 1.

(3) Regulation (EC) No 2038/2000 of the European Parliament and of the Council of 28 September 2000 amending Regulation (EC) No 2037/2000 on substances that deplete the ozone layer, as regards metered dose inhalers and medical drug pumps [3] is to be incorporated into the Agreement.

[3] OJ L 244, 29.9.2000, p. 25.

(4) Regulation (EC) No 2039/2000 of the European Parliament and of the Council of 28 September 2000 amending Regulation (EC) No 2037/2000 on substances that deplete the ozone layer, as regards the base year for the allocation of quotas of hydrochlorofluorocarbons [4] is to be incorporated into the Agreement.

[4] OJ L 244, 29.9.2000, p. 26.

(5) Council Regulation (EC) No 3093/94 of 15 December 1994 on substances that deplete the ozone layer [5], which is incorporated in the Agreement, is to be repealed,

[5] OJ L 333, 22.12.1994, p. 1.

HAS DECIDED AS FOLLOWS:

Article 1

The texts of point 21aa (Council Regulation (EC) No 3093/94) of Annex XX to the Agreement shall be replaced by the following:

'32000 R 2037: Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer (OJ L 244, 29.9.2000, p. 1), as amended by:

- 32000 R 2038: Regulation (EC) No 2038/2000 of the European Parliament and of the Council of 28 September 2000 (OJ L 244, 29.9.2000, p. 25).

- 32000 R 2039: Regulation (EC) No 2039/2000 of the European Parliament and of the Council of 28 September 2000 (OJ L 244, 29.9.2000, p. 26).

The provisions of the Regulation shall, for the purposes of the present Agreement, be read with the following adaptations:

(a) In Article 3:

(i) the words 'paragraphs 5 to 10' in paragraph 1 shall be replaced by the words 'paragraphs 5 to 8'.

(ii) the words 'paragraphs 8, 9 and 10' in paragraph 3 shall be replaced by the words 'paragraph 8'.

(iii) paragraphs 4, 9 and 10 shall not apply.

(b) In Article 4:

(i) the words 'paragraphs 4 and 5' in paragraphs 1 to 3 shall be replaced by the words 'paragraph 4'.

(ii) in paragraph 2, the fourth subparagraph shall not apply.

(iii) in paragraph 3, the second and fourth subparagraphs shall not apply.

(iv) paragraph 5 shall not apply.

(c) Chapter III shall not apply.

(d) Article 19 and 20 shall not apply.

The EFTA States shall, at national level, put into effect the measures necessary to comply with the corresponding provisions of the Montreal Protocol and with the corresponding measures in Regulation (EC) No 2037/2000 of the European Parliament and of the Council.'

Article 2

The texts of Regulations (EC) Nos 2037/2000, 2038/2000 and 2039/2000 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 [6].

[6] [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