Draft DECISION OF THE EEA JOINT COMMITTEE amending Annex II (Technical regulations, standards, testing and certification) 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 of the Internal Market, 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 Chapter XV of Annex II to the EEA Agreement in the field of dangerous substances. The decision concerns the following nine acts:

Commission Directive 98/73/EC of 18 September 1998 adapting to technical progress for the 24th time Council Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances.

Commission Directive 98/98/EC of 15 December 1998 adapting to technical progress for the 25th time Council Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances.

Directive 1999/45/EC of the European Parliament and of the Council 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.

Commission Directive 2000/32/EC of 19 May 2000 adapting to technical progress for the 26th time Council Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances.

Commission Directive 2000/33/EC of 25 April 2000 adapting to technical progress for the 27th time Council Directive 67/548/EEC on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances.

Commission Decision 2000/368/EC of 19 May 2000 correcting Directive 98/98/EC adapting to technical progress for the 25th time Council Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances.

Commission Directive 2001/58/EC of 27 July 2001 amending for the second time Directive 91/155/EEC defining and laying down the detailed arrangements for the system of specific information relating to dangerous preparations in implementation of Article 14 of European Parliament and Council Directive 1999/45/EC and relating to dangerous substances in implementation of Article 27 of Council Directive 67/548/EEC (safety data sheets).

Commission Directive 2001/59/EC of 6 August 2001 adapting to technical progress for the 28th time Council Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances.

Commission Directive 2001/60/EC of 7 August 2001 adapting to technical progress Directive 1999/45/EC of the European Parliament and of the Council concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations.

3. The draft Joint Committee Decision brings Chapter XV of Annex II to the EEA Agreement up to date, improves its clarity and transparency, and thereby ensures legal security. Certain existing adaptations are simplified, while others are deleted. Overall, the number of still existing derogations for the EEA EFTA countries is limited by the draft Joint Committee Decision, in accordance with the objective of continuing the process towards harmonisation within the EEA.

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 draft Decision of the EEA Joint Committee is submitted for the approval of the Council. The Commission aims to put forward the position of the Community in the EEA Joint Committee as soon as possible after the adoption by the Council.

Draft DECISION OF THE EEA JOINT COMMITTEE amending Annex II (Technical regulations, standards, testing and certification) 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) Commission Directive 98/73/EC of 18 September 1998 adapting to technical progress for the 24th time Council Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances [2], as corrected by OJ L 285, 8.11.1999, p. 1, is to be incorporated into the Agreement.

[2] OJ L 305, 16.11.1998, p. 1.

(3) Commission Directive 98/98/EC of 15 December 1998 adapting to technical progress for the 25th time Council Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances [3], as corrected by OJ L 293, 15.11.1999, p. 1, is to be incorporated into the Agreement.

[3] OJ L 355, 30.12.1998, p. 1.

(4) Directive 1999/45/EC of the European Parliament and of the Council 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 [4], as corrected by OJ L 6, 10.1.2002, p. 70, is to be incorporated into the Agreement.

[4] OJ L 200, 30.7.1999, p. 1.

(5) Commission Directive 2000/32/EC of 19 May 2000 adapting to technical progress for the 26th time Council Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances [5] is to be incorporated into the Agreement.

[5] OJ L 136, 8.6.2000, p. 1.

(6) Commission Directive 2000/33/EC of 25 April 2000 adapting to technical progress for the 27th time Council Directive 67/548/EEC on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances [6] is to be incorporated into the Agreement.

[6] OJ L 136, 8.6.2000, p. 90.

(7) Commission Decision 2000/368/EC of 19 May 2000 correcting Directive 98/98/EC adapting to technical progress for the 25th time Council Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances [7] is to be incorporated into the Agreement.

[7] OJ L 136, 8.6.2000, p. 108.

(8) Commission Directive 2001/58/EC of 27 July 2001 amending for the second time Directive 91/155/EEC defining and laying down the detailed arrangements for the system of specific information relating to dangerous preparations in implementation of Article 14 of European Parliament and Council Directive 1999/45/EC and relating to dangerous substances in implementation of Article 27 of Council Directive 67/548/EEC (safety data sheets) [8] is to be incorporated into the Agreement.

[8] OJ L 212, 7.8.2001, p. 24.

(9) Commission Directive 2001/59/EC of 6 August 2001 adapting to technical progress for the 28th time Council Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances [9] is to be incorporated into the Agreement.

[9] OJ L 225, 21.8.2001, p. 1.

(10) Commission Directive 2001/60/EC of 7 August 2001 adapting to technical progress Directive 1999/45/EC of the European Parliament and of the Council concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations [10] is to be incorporated into the Agreement.

[10] OJ L 226, 22.8.2001, p. 5.

(11) Directive 1999/45/EC repeals Directives 78/631/EEC [11], 88/379/EEC [12], 89/178/EEC [13], 90/35/EEC [14], 90/492/EEC [15], 91/442/EEC [16], 93/18/EEC [17] and 96/65/EC [18], which are incorporated into the Agreement and which are consequently to be deleted from the Agreement,

[11] OJ L 206, 29.7.1978, p. 13.

[12] OJ L 187, 16.7.1988, p. 14.

[13] OJ L 64, 8.3.1989, p. 18.

[14] OJ L 19, 24.1.1990, p. 14.

[15] OJ L 275, 5.10.1990, p. 35.

[16] OJ L 238, 27.8.1991, p. 25.

[17] OJ L 104, 29.4.1993, p. 46.

[18] OJ L 265, 18.10.1996, p. 15.

HAS DECIDED AS FOLLOWS:

Article 1

Chapter XV of Annex II to the Agreement shall be amended as laid down in Annexes I to III to this Decision.

Article 2

The texts of Directives 98/73/EC, as corrected by OJ L 285, 8.11.1999, p. 1, 98/98/EC, as corrected by OJ L 293, 15.11.1999, p. 1, 1999/45/EC, as corrected by OJ L 6, 10.1.2002, p. 70, 2000/32/EC, 2000/33/EC, 2001/58/EC, 2001/59/EC and 2001/60/EC and Decision 2000/368/EC in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, 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 [19].

[19] [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 Union.

Done at Brussels, .

For the EEA Joint Committee

The President

The Secretaries

to the EEA Joint Committee

ANNEX I

to Decision of the EEA Joint Committee No .../of ...

Chapter XV of Annex II to the Agreement shall be amended as follows:

1. Point 1 (Council Directive 67/548/EEC) shall be amended as follows:

1.1 The following indents shall be added:

'- 398 L 0073: Commission Directive 98/73/EC of 18 September 1998 (OJ L 305, 16.11.1998, p. 1), as corrected by OJ L 285, 8.11.1999, p. 1,

- 398 L 0098: Commission Directive 98/98/EC of 15 December 1998 (OJ L 355, 30.12.1998, p. 1), as corrected by OJ L 293, 15.11.1999, p. 1,

- 32000 L 0032: Commission Directive 2000/32/EC of 19 May 2000 (OJ L 136, 8.6.2000, p. 1),

- 32000 L 0033: Commission Directive 2000/33/EC of 25 April 2000 (OJ L 136, 8.6.2000, p. 90),

- 32000 D 0368: Commission Decision 2000/368/EC of 19 May 2000 (OJ L 136, 8.6.2000, p. 108),

- 32001 L 0059: Commission Directive 2001/59/EC of 6 August 2001 (OJ L 225, 21.8.2001, p. 1)'.

1.2 The adaptation text to Directive 67/548/EEC shall be replaced by the following:

'The provisions of the Directive shall, for the purpose of the present Agreement, be read with the following adaptations:

(a) Annex I to the Directive shall be supplemented as set out in Appendices 3 and 4 to Annex II of the Agreement.

(b) As regards the exchange of information, the following shall apply:

(i) The EFTA States that comply with the acquis on dangerous substances and preparations shall give equivalent guarantees to those existing within the Community that:

- where the information is treated as confidential on the grounds of industrial and commercial secrecy within the Community, according to the provisions of the Directive, only those EFTA States which have taken over the relevant acquis shall participate in the exchange of information,

- confidential information will be afforded the same degree of protection in the EFTA States as that which obtains within the Community.

(ii) All EFTA States will participate in the exchange of information concerning all other aspects as provided for in the Directive.

(c) The following provisions shall not apply to Norway until 30 June 2005:

(i) Article 30, in conjunction with Articles 4 and 6, with respect to substances labelled in accordance with the existing Norwegian regulations concerning OAR-labelling;

(ii) Article 30 in conjunction with Article 27, with respect to safety data sheets for substances covered by point 1 (c) (i) and for substances in the existing Norwegian list of threshold limit values (administrative norms).

(d) The following provisions shall not apply to Norway:

(i) Article 30, in conjunction with Articles 4 and 5, with respect to the requirements for the classification, labelling and/or specific concentration limits for the substances or groups of substances listed in Annex I to the Directive and shown in the following list. Norway may require the use of different classification, labelling and/or specific concentration limits for these substances;

>TABLE POSITION>

(ii) Article 30, in conjunction with Articles 4 and 6, with respect to the requirements for the classification, labelling and/or specific concentration limits for the substances or groups of substances not listed in Annex I to the Directive and shown in the following list. Norway may require the use of different classification, labelling and/or specific concentration limits for these substances;

>TABLE POSITION>

(iii) For substances covered by point 1 (d) (i) the provisions of Article 23(2) of the Directive, requiring the use of the words «EC-label»;

(iv) The Contracting Parties agree on the objective that the provisions of the Community acts on dangerous substances and preparations should apply by 1 July 2005. Pursuant to cooperation in order to solve remaining problems, a review of the situation will take place during 2004, including matters not covered by Community legislation. If an EFTA State concludes that it will need any derogation from the Community acts relating to classification and labelling, the latter shall not apply to it unless the EEA Joint Committee agrees on another solution.'

2. In point 4 (Council Directive 76/769/EEC), the adaptation text shall be replaced by the following:

'Liechtenstein is free to limit access to its market according to the requirements of its legislation existing at the date of entry into force of this Agreement, concerning:

- mercury compounds,

- arsenic compounds,

- pentachlorophenol,

- cadmium.

The Contracting Parties shall jointly review the situation in 2005.'

3. The text of point 5 (Council Directive 78/631/EEC) shall be deleted.

4. The text of point 10 (Council Directive 88/379/EEC) shall be replaced by the following:

'391 L 0155: Commission Directive 91/155/EEC of 5 March 1991 defining and laying down the detailed arrangements for the system of specific information relating to dangerous preparations in implementation of Article 10 of Directive 88/379/EEC (OJ L 76, 22.3.1991, p. 35), as amended by:

- 393 L 0112: Commission Directive 93/112/EC of 10 December 1993 (OJ L 314, 16.12.1993, p. 38),

- 32001 L 0058: Commission Directive 2001/58/EEC of 27 July 2001 (OJ L 212, 7.8.2001, p. 24).

The Contracting Parties agree on the objective that the provisions of the Community acts on dangerous substances and preparations should apply by 1 July 2005. Pursuant to cooperation in order to solve remaining problems, a review of the situation will take place during 2004, including matters not covered by Community legislation. If an EFTA State concludes that it will need any derogation from the Community acts relating to classification and labelling, the latter shall not apply to it unless the EEA Joint Committee agrees on another solution.'

5. In point 11 (Council Directive 91/157/EEC) the adaptation text shall be deleted.

6. The text of point 12b (Commission Directive 91/442/EEC) shall be deleted.

7. In point 12d (Commission Directive 93/67/EEC) the first paragraph of the adaptation text shall be deleted.

8. The following point shall be inserted after point 12q (Directive 2002/95/EC of the European Parliament and of the Council):

'12r. 399 L 0045: Directive 1999/45/EC of the European Parliament and of the Council 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), as corrected by OJ L 6, 10.1.2002, p. 70, as amended by:

- 32001 L 0060: Commission Directive 2001/60/EC of 7 August 2001 (OJ L 226, 22.8.2001, p. 5).

The provisions of the Directive shall, for the purpose of the present Agreement, be read with the following adaptations:

(a) For products covered by Council Directive 91/414/EEC, the EFTA States will be free to limit access to their markets according to the requirements of their legislation existing at the date of entry into force of this Agreement. New EC rules will be dealt with according to the procedures laid down in Articles 97 to 104 of the Agreement.

(b) The following shall be added in point 5 of part A of Annex VI:

"Iceland:

Liechtenstein:

Norway:"

(c) As regards the exchange of information, the following shall apply:

(i) The EFTA States that comply with the acquis on dangerous substances and preparations shall give equivalent guarantees to those existing within the Community that:

- where the information is treated as confidential on the grounds of industrial and commercial secrecy within the Community, according to the provisions of the Directive, only those EFTA States which have taken over the relevant acquis shall participate in the exchange of information,

- confidential information will be afforded the same degree of protection in the EFTA States as that which obtains within the Community.

(ii) All EFTA States will participate in the exchange of information concerning all other aspects as provided for in the Directive.'

(d) The following provisions shall not apply to Norway until 30 June 2005:

(i) Article 18, in conjunction with Articles 6 and 10, with respect to preparations containing substances as defined in point 1 (c) (i).

(ii) Article 18, in conjunction with Article 14, with respect to safety data sheets for preparations containing substances labelled in accordance with the existing Norwegian regulations concerning OAR-labelling and for preparations containing substances in the existing Norwegian list of threshold limit values (administrative norms).

(e) The following provisions shall not apply to Norway:

(i) Article 18, in conjunction with Articles 6 and 10, with respect to preparations containing substances as defined in point 1 (d) (i) and (ii).

(ii) The Contracting Parties agree on the objective that the provisions of the Community acts on dangerous substances and preparations should apply by 1 July 2005. Pursuant to cooperation in order to solve remaining problems, a review of the situation will take place during 2004, including matters not covered by the Community legislation. If an EFTA State concludes that it will need any derogation from the Community acts relating to classification and labelling, the latter shall not apply to it unless the EEA Joint Committee agrees on another solution.'

9. Appendices 3 and 4 shall be inserted as set out in Annexes II and III to this Decision, respectively.

ANNEX II

to Decision of the EEA Joint Committee No .../of ...

The following Appendix shall be inserted after Appendix 2 in Annex II to the Agreement:

'APPENDIX 3

List of dangerous substances in Annex I to Council Directive 67/548/EC

Iceland

The following shall be added to the list of dangerous substances in Annex I to Council Directive 67/548/EC:

(The list of dangerous substances is distributed as Annex to the EN version)

ANNEX III

to Decision of the EEA Joint Committee No .../of ...

The following Appendix shall be inserted after new Appendix 3 in Annex II to the Agreement:

'APPENDIX 4

LIST OF DANGEROUS SUBSTANCES IN ANNEX I TO COUNCIL DIRECTIVE 67/548/EC

Norway

The following shall be added to the list of dangerous substances in Annex I to Council Directive 67/548/EC:

(The list of dangerous substances is distributed as pdf Annex to the EN version)