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, the EEA Joint Committee is to integrate all the relevant Community legislation into the EEA Agreement.

2. The EEA Joint Committee should therefore adopt the attached decision to amend Annex II to the EEA Agreement by adding recently adopted acquis in the field of Technical regulations, standards, testing and certification. The decision concerns:

- 394 L 0035: European Parliament and Council Directive 94/35/EC of 30 June 1994 on sweeteners for use in foodstuffs (OJ L 237, 10.9.1994, p. 3), as corrected by OJ L 265, 30.9.1998, p. 35.

- 394 L 0036: European Parliament and Council Directive 94/36/EC of 30 June 1994 on colours for use in foodstuffs (OJ L 237, 10.9.1994, p. 13), as corrected by OJ L 259, 7.10.1994, p. 33 and OJ L 252, 4.10.1996, p. 23.

- 395 L 0002: European Parliament and Council Directive No 95/2/EC of 20 February 1995 on food additives other than colours and sweeteners (OJ L 61, 18.3.1995, p. 1), as corrected by OJ L 248, 14.10.1995, p. 60.

3. The proposal includes an adaptation, which amounts to a short transitional period whose purpose is to avoid changing the legislation concerning cyclamate, applicable in Norway, twice in a short period. The full homogeneity will be restored as soon as the Community has adopted a decision based on the new reduced Acceptable Daily Intake level for cyclamate established in March 2000 by the Scientific Committee on Foodstuffs.

The points deleted in Article 2 are Directives repealed by Directive 95/2/EC.

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.

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) European Parliament and Council Directive 94/35/EC of 30 June 1994 on sweeteners for use in foodstuffs [2], as corrected by OJ L 265, 30.9.1998, p. 35, is to be incorporated into the Agreement.

[2] OJ L 237, 10.9.1994, p. 3.

(3) European Parliament and Council Directive 94/36/EC of 30 June 1994 on colours for use in foodstuffs [3], as corrected by OJ L 259, 7.10.1994, p. 33 and OJ L 252, 4.10.1996, p. 23, is to be incorporated into the Agreement.

[3] OJ L 237, 10.9.1994, p. 13.

(4) The Scientific Committee on Food established in March 2000 a new, reduced Acceptable Daily Intake (ADI) for cyclamate which will be considered in view of the next amendment to European Parliament and Council Directive 94/35/EC of 30 June 1994 on sweeteners for use in foodstuffs.

(5) European Parliament and Council Directive No 95/2/EC of 20 February 1995 on food additives other than colours and sweeteners [4], as corrected by OJ L 248, 14.10.1995, p. 60, is to be incorporated into the Agreement.

[4] OJ L 61, 18.3.1995, p. 1.

European Parliament and Council Directive No 95/2/EC repeals, with effect from 25 March 1995, Council Directive 64/54/EEC of 5 November 1963 on the approximation of the laws of the Member States concerning the preservatives authorised for use in foodstuffs intended for human consumption [5], Council Directive 70/357/EEC of 13 July 1970 on the approximation of the laws of the Member States concerning the antioxidants authorised for use in foodstuffs intended for human consumption [6], Council Directive 74/329/EEC of 18 June 1974 on the approximation of the laws of the Member States relating to emulsifiers, stabilizers, thickeners and gelling agents for use in foodstuffs [7] and Commission Directive 83/463/EEC of 22 July 1983 introducing temporary measures for the designation of certain ingredients in the labelling of foodstuffs for sale to the ultimate consumer [8], which are incorporated into the Agreement and which are consequently to be deleted from the Agreement,

[5] OJ L 12, 27.1.1964, p. 161.

[6] OJ L 157, 18.7.1970, p. 31.

[7] OJ L 189, 12.7.1974, p. 1.

[8] OJ L 255, 15.9.1983, p. 1.

HAS DECIDED AS FOLLOWS:

Article 1

The following points shall be inserted after point 54y (Directive 1999/3/EC of the European Parliament and of the Council) in Chapter XII of Annex II to the Agreement:

'54z. 394 L 0035: European Parliament and Council Directive 94/35/EC of 30 June 1994 on sweeteners for use in foodstuffs (OJ L 237, 10.9.1994, p. 3), as corrected by OJ L 265, 30.9.1998, p. 35.

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

"The Community provisions concerning E 952 cyclamate shall enter into force for Norway as from the date of entry into force of the next amendment to European Parliament and Council Directive 94/35/EC of 30 June 1994 on sweeteners for use in foodstuffs as concerns E 952 cyclamate."

54za. 394 L 0036: European Parliament and Council Directive 94/36/EC of 30 June 1994 on colours for use in foodstuffs (OJ L 237, 10.9.1994, p. 13), as corrected by OJ L 259, 7.10.1994, p. 33 and OJ L 252, 4.10.1996, p. 23.

54zb. 395 L 0002: European Parliament and Council Directive No 95/2/EC of 20 February 1995 on food additives other than colours and sweeteners (OJ L 61, 18.3.1995, p. 1), as corrected by OJ L 248, 14.10.1995, p. 60.'

Article 2

The text of points 2, 5, 8, and 33 in Chapter XII of Annex II to the Agreement shall be deleted.

Article 3

The texts of European Parliament and Council Directives 94/35/EC, as corrected by OJ L 265, 30.9.1998, p. 35, 94/36/EC, as corrected by OJ L 259, 7.10.1994, p. 33 and OJ L 252, 4.10.1996, p. 23 and No 95/2/EC, as corrected by OJ L 248, 14.10.1995, p. 60, 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 4

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 [9].

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

Article 5

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