Decision of the EEA Joint Committee No 10/2003 of 31 January 2003 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
Date: 2003-01-31
Institutions: EEA Joint Committee
Subjects: approximation of laws, consumer information, marketing, public health, tobacco, tobacco industry

10.4.2003

EN

Official Journal of the European Union

L 94/61

DECISION OF THE EEA JOINT COMMITTEE

No 10/2003

of 31 January 2003

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 (cid:145)the Agreement(cid:146), and in
particular Article 98 thereof,

Whereas:

(1)

(2)

(3)

Annex II to the Agreement was amended by Decision of the EEA Joint Committee No 7/94 of 21
March 1994 (1).

Directive 2001/37/EC of the European Parliament and of the Council of 5 June 2001 on the
the Member States
the laws, regulations and administrative provisions of
approximation of
concerning the manufacture, presentation and sale of tobacco products (2) is to be incorporated
into the Agreement.

Directive 2001/37/EC repeals Directives 89/622/EEC (3)
incorporated into the Agreement and which are consequently to be deleted from the Agreement.

and 90/239/EEC (4), which are

(4)

Norway shall maintain its adaptation to Directive 89/622/EEC,

HAS DECIDED AS FOLLOWS:

Article 1

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

1.

the following point shall be inserted after point 2 (Council Directive 90/239/EEC):

(cid:145)3.

32001 L 0037: Directive 2001/37/EC of the European Parliament and of the Council of 5 June
2001 on the approximation of the laws, regulations and administrative provisions of the Member
tobacco products (OJ L 194,
States concerning the manufacture, presentation and sale of
18.7.2001, p. 26).

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

(a) The prohibition in Article 8 shall not apply to the placing on the market in Norway of the
product defined in Article 2(4). However, this derogation shall not apply to the prohibition
of sales of (cid:147)snus(cid:148) in forms resembling food products. Furthermore, Norway shall apply an
export ban on the product defined in Article 2(4) to all Contracting Parties to the present
Agreement, with the exception of Sweden.(cid:146)

2.

the text of points 1 (Council Directive 89/622/EEC) and 2 (Council Directive 90/239/EEC) shall be
deleted.

(1) OJ L 160, 28.6.1994, p. 1.
(2) OJ L 194, 18.7.2001, p. 26.
(3) OJ L 359, 8.12.1989, p. 1.
(4) OJ L 137, 30.5.1990, p. 36.

L 94/62

EN

Official Journal of the European Union

10.4.2003

The texts of Directive 2001/37/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 2

This Decision shall enter into force on 1 February 2003, provided that all the notifications under Article
103(1) of the Agreement have been made to the EEA Joint Committee (*).

Article 3

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal
of the European Union.

Article 4

Done at Brussels, 31 January 2003.

For the EEA Joint Committee

The President

P. WESTERLUND

(*) Constitutional requirements indicated.