Decision of the EEA Joint Committee No 30/98 of 30 April 1998 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
Date: 1998-04-30
Institutions: EEA Joint Committee
Subjects: European Economic Area, agreement (EU), consumer information, cosmetic product, labelling, product quality

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Official  Journal  of  the  European  Communities

19.11.98

DECISION  OF  THE  EEA  JOINT  COMMITTEE

No  30/98

of  30  April  1998

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  adjusted  by  the  Protocol
adjusting  the  Agreement  on  the  European  Economic  Area,  hereinafter  referred  to  as  ‘the
Agreement’,  and  in  particular  Article  98  thereof,

Whereas Annex II to the Agreement was amended by Decision of the EEA Joint Committee No
66/97  of  4  October  1997 (1);

Whereas  Commission  Directive  95/17/EC  of  19  June  1995  laying  down  detailed  rules  for  the
application  of  Council  Directive  76/768/EEC  as  regards  the  non-inclusion  of  one  or  more
ingredients  on  the  list  used  for  the  labelling  of  cosmetic  products (2)  is  to  be  incorporated  into
the  Agreement,

HAS  DECIDED  AS  FOLLOWS:

Article  1

The following point shall be inserted after point 8 (Commission Directive 96/45/EC) in Chapter
XVI  of  Annex  II  to  the  Agreement:

‘9.  395 L 0017: Commission Directive 95/17/EC of 19 June 1995 laying down detailed rules
for the application of Council Directive 76/768/EEC as regards the non-inclusion of one
or  more  ingredients  on  the  list  used  for  the  labelling  of  cosmetic  products  (OJ  L  140,
23.6.1995,  p.  26).

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

(a)  The  second  paragraph  of  Article  9  shall  be  replaced  by:

“(a)  Where  the  decision  of  the  competent  authority  of  an  EU  Member  State  is
challenged  by  another  EU  Member  State,  the  Commission  shall  take  a  decision
following  the  procedures  referred  to  in  Article  10  of  Council  Directive
76/768/EEC,  and  shall  inform  the  EFTA  Surveillance  Authority  (ESA)  of  its
decision.

(b) Where  the  decision  of  the  competent  authority  of  an  EU  Member  State  is

challenged  by  an  EFTA  State:
(i)  The EFTA State shall submit its reasoned challenge to the EFTA Surveillance

Authority.

(ii)  Where  the  ESA  finds  that  the  challenge  is  not  justified  after  examination
following procedures established in accordance with Protocol 1, Article 4(d)
of  this  Agreement,  it  shall  take  a  decision  not  to  transmit  the  challenge  to
the  Commission,  and  shall  inform  the  Commission  of  this  decision.

(1)  OJ  L  30,  5.2.1998,  p.  37.
(2)  OJ  L  140,  23.6.1995,  p.  26.

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(iii) Where  the  EFTA  Surveillance  Authority  finds  that  the  challenge  is  justified,

it  shall  transmit  it  to  the  Commission.

(iv)  The  Commission  shall  launch  the  procedures  referred  to  in  Article  10  of

Council  Directive  76/768/EEC.

(v)  The  Commission  shall  inform  the  EFTA  Surveillance  Authority  of  its

decision.

(vi)  Where  the  Commission  decides  that  the  challenge  is  not  justified,  the  ESA
may refer the matter to the EEA Joint Committee which shall deal with it in
accordance  with  Article  111  of  this  Agreement.

(c)  Where the decision of the competent authority of an EFTA State is challenged by
another  EFTA  State,  the  EFTA  Surveillance  Authority  shall  take  a  decision  in
accordance  with  the  procedures  established  in  accordance  with  Protocol  1,
Article 4(d) of this Agreement. It shall inform the Commission of the decision it
takes  and  the  Commission  shall  transmit  the  decision  to  the  EU  Member
States.

(d)  Where the decision of the competent authority of an EFTA State is challenged by

an  EU  Member  State:

(i)  The  EU  Member  State  shall  submit 

its  reasoned  challenge  to  the

Commission.

(ii)  Where  the  Commission  finds  that  the  challenge  is  not  justified  following
consultation  and  the  appropriate  procedures  if  necessary,  it  shall  take  a
decision  not  to  transmit  the  challenge  to  the  EFTA  Surveillance  Authority,
and  shall  inform  the  ESA  of  this  decision.

(iii) Where  the  Commission  finds  that  the  challenge  is  justified,  the  Commission

shall  transmit  the  challenge  to  the  EFTA  Surveillance  Authority.

(iv)  The  EFTA  Surveillance  Authority  shall  take  a  decision  in  accordance  with
the procedures established in accordance with Protocol 1, Article 4(d) of this
Agreement.

(v)  The  EFTA  Surveillance  Authority  shall  inform  the  Commission  of  its

decision.

(vi)  Where  the  ESA  decides  that  the  challenge  is  not  justified,  the  Commission
may refer the matter to the EEA Joint Committee which shall deal with it in
accordance  with  Article  111  of  this  Agreement.”

(b) In  the  Annex  to  this  Directive  (Procedure  for  granting  the  registration  number

referred  to  in  Article  4)  the  following  point  shall  be  inserted  after  point  2:

“3.  The  following  codes  are  allocated  to  the  EFTA  EEA  States:

91 Iceland

92 Liechtenstein

93 Norway”.’

Article  2

The  texts  of  Directive  95/17/EC  in  the  Icelandic  and  Norwegian  languages,  which  are  annexed
to  the  respective  language  versions  of  this  Decision,  are  authentic.

Article  3

This  Decision  shall  enter  into  force  on  1  May  1998,  provided  that  all  the  notifications  under
Article  103(1)  of  the  Agreement  have  been  made  to  the  EEA  Joint  Committee.

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Official  Journal  of  the  European  Communities

19.11.98

This  Decision  shall  be  published  in  the  EEA  section  of,  and  in  the  EEA  supplement  to,  the
Official  Journal  of  the  European  Communities.

Article  4

Done  at  Brussels,  30  April  1998.

For  the  EEA  Joint  Committee

The  President

F.  BARBASO