Decision of the EEA Joint Committee No 68/2004 of 4 May 2004 extending the application of certain Decisions of the EEA Joint Committee to the New Contracting Parties and amending certain Annexes to the EEA Agreement following the enlargement of the European Union
Date: 2004-05-04
Institutions: EEA Joint Committee
Subjects: European Economic Area, accession to the European Union, agreement (EU), member country

26.8.2004

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Official Journal of the European Union

L 277/187

DECISION OF THE EEA JOINT COMMITTEE

No 68/2004

of 4 May 2004

extending the application of certain Decisions of the EEA Joint Committee to the New Contracting
Parties and amending certain Annexes to the EEA Agreement following the enlargement of the
European Union

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 EEA Agreement, and in par-
ticular Article 98 thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

Article 128 of the EEA Agreement stipulates that any European State becoming a member of the
Community shall apply to become a Party to the EEA Agreement, and that the terms and conditions
for such participation shall be subject to an agreement between the Contracting Parties and the
applicant State.

Following successful conclusion of the enlargement negotiations, the Czech Republic, the Republic
of Estonia, the Republic of Cyprus, the Republic of Hungary, the Republic of Latvia, the Republic of
Lithuania, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak
Republic (New Contracting Parties) submitted applications to become parties to the EEA Agreement.

The Agreement on the participation of the Czech Republic, the Republic of Estonia, the Republic of
Cyprus, the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of
Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the European
Economic Area (EEA Enlargement Agreement) was signed on 14 October 2003 in Luxemburg.

Pursuant to Article 1(2) of the EEA Enlargement Agreement, the provisions of the EEA Agreement,
as amended by the Decisions of the EEA Joint Committee adopted before 1 November 2002, shall,
as from the entry into force of the EEA Enlargement Agreement, be binding on the New Contracting
Parties under the same conditions as on the present Contracting Parties and under the terms and
conditions laid down in the EEA Enlargement Agreement.

Since 1 November 2002, a number of EC acts have been incorporated into the EEA Agreement
through Decisions of the EEA Joint Committee.

In order to guarantee the homogeneity of the EEA Agreement and the legal security for individuals
and economic operators, it needs to be made clear that these EC acts are binding upon the New
Contracting Parties as of the entry into force of the EEA Enlargement Agreement.

The EU Act of Accession of 16 April 2003 grants derogations from and adapts some of the EC acts
that have been incorporated into the EEA Agreement through Decisions of the EEA Joint Committee
adopted after 1 November 2002.

Pursuant to Article 3(5) of the EEA Enlargement Agreement, adaptations to acts incorporated into
the EEA Agreement prior to the date of entry into force of the EEA Enlargement Agreement made
necessary by reason of the New Contracting Parties' participation in the EEA Agreement, which
have not been provided for in the EEA Enlargement Agreement, will be addressed in accordance
with the procedures laid down in the EEA Agreement.

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(9)

Pursuant to Article 4(2) of the EEA Enlargement Agreement, any arrangements of relevance for the
EEA Agreement referred to in the EU Act of Accession of 16 April 2003, which are not reflected in
Annex B to the EEA Enlargement Agreement, will be addressed in accordance with the procedures
laid down in the EEA Agreement.

(10)

The EEA Joint Committee is therefore to incorporate these adaptations and derogations into the EEA
Agreement.

(11) As the EEA Agreement extends the internal market to the EFTA States, it is necessary for the good
functioning of the internal market to apply this decision as of the simultaneous entry into force of
the EU Accession Treaty and the EEA Enlargement Agreement.

(12) As the EEA Enlargement Agreement has not yet entered into force, but is applicable on a provisional
basis, this Decision will, pending the entry into force of the EEA Enlargement Agreement, apply
provisionally as well,

HAS DECIDED AS FOLLOWS:

Article 1

All Decisions of the EEA Joint Committee adopted after 1 November 2002 are hereby declared binding
upon the New Contracting Parties.

Article 2

The texts of the Decisions of the EEA Joint Committee referred to in Article 1 shall be drawn up and
authenticated by the Contracting Parties in the Czech, Estonian, Hungarian, Latvian, Lithuanian, Maltese,
Polish, Slovak and Slovenian languages.

Article 3

The following indent shall be added in the points of the Annexes and Protocols to the EEA Agree-

1.
ment listed in Annex A to this Decision:

‘— 1 03 T: Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia,
the Republic of
the Republic of Cyprus, the Republic of Latvia,
Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak
Republic and the adjustments to the Treaties on which the European Union is founded adopted on
16 April 2003 (OJ L 236, 23.9.2003, p. 33).’

the Republic of Lithuania,

If the indent referred to in paragraph 1 is the first indent in the point in question, it shall be preceded

2.
by the words, ‘as amended by:’.

The transitional arrangements referred to in Annex B to this Decision are hereby incorporated into and
made part of the EEA Agreement.

Article 4

Article 5

The texts of the parts of the EU Act of Accession of 16 April 2003 listed in Annex C in the Icelandic and
Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union,
shall be authentic.

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Article 6

This Decision shall enter into force on the day following the last notification to the EEA Joint Committee
under Article 103(1) of the Agreement (*).

Any constitutional requirements indicated by any Contracting Party concerning any of the Decisions of the
EEA Joint Committee referred to in Article 1, will remain unaffected by this Decision.

This Decision shall apply as from the date of entry into force of the EEA Enlargement Agreement. Pending
the entry into force of the EEA Enlargement Agreement, it shall apply provisionally from the date of provi-
sional application of the EEA Enlargement Agreement.

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

Article 7

Done at Brussels, 4 May 2004.

For the EEA Joint Committee

The President

S. GILLESPIE

(*) No constitutional requirements indicated.

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ANNEX A

List referred to in Article 3 of the Decision

The indent referred to in Article 3(1) shall be inserted in the following locations in the Annexes and Protocols to the
EEA Agreement:

in Annex I (Veterinary and phytosanitary matters), Chapter I (Veterinary issues):

— Part 3.1, Point 3 (Council Directive 2001/89/EC),

— Part 3.1, Point 9b (Council Directive 2002/60/EC),

— Part 9.2, Point 2 (Commission Directive 2002/4/EC),

— Part 7.1, Point 12 (Regulation (EC) No 999/2001 of the European Parliament and of the Council);

in Annex II (Technical regulations, standards, testing and certification), Chapter IV (Household appliances):

— Point 4g (Commission Directive 2002/40/EC);

in Annex IV (Energy):

— Point 11g (Commission Directive 2002/40/EC);

in Annex VII (Mutual recognition of professional qualifications):

— Point 28 (Council Directive 74/557/EEC).

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ANNEX B

Transitional arrangements referred to in Article 4 of the Decision

Annex I (Veterinary and phytosanitary matters) to the EEA Agreement shall be amended as follows:

1.

in Chapter III, Part 1, Point 10 (Council Directive 2002/53/EC), the following shall be inserted before the adaptation
text:

‘The transitional arrangements set out in the Annexes to the Act of Accession of 16 April 2003 for Cyprus (Annex
VII, Chapter 5, Section B, Part II, Point 2), for Latvia (Annex VIII, Chapter 4, Section B, Part II), for Malta (Annex XI,
Chapter 4, Section B, Part II), for Slovenia (Annex XIII, Chapter 5, Section B, Part II), shall apply.’;

2.

in Chapter III, Part 1, Point 12 (Council Directive 2002/55/EC), the following shall be inserted before the adaptation
text:

‘The transitional arrangements set out in the Annexes to the Act of Accession of 16 April 2003 for Cyprus (Annex
VII, Chapter 5, Section B, Part II, Point 2), for Latvia (Annex VIII, Chapter 4, Section B, Part II), for Malta (Annex XI,
Chapter 4, Section B, Part II), for Slovenia (Annex XIII, Chapter 5, Section B, Part II), shall apply.’

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ANNEX C

List referred to in Article 5 of the Decision

The texts of the following parts of the Act of Accession of 16 April 2003 in the Icelandic and Norwegian languages, to
be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.

— Annex II, Chapter 3, Point 2 (Council Directive 74/557/EEC),

— Annex II, Chapter 6, Section B, Part I, Point 83 (Council Directive 2001/89/EC),

— Annex II, Chapter 6, Section B, Part I, Point 86 (Regulation (EC) No 999/2001 of the European Parliament and of

the Council),

— Annex II, Chapter 6, Section B, Part I, Point 87 (Commission Directive 2001/4/EC),

— Annex II, Chapter 6, Section B, Part I, Point 89 (Council Directive 2002/60/EC),

— Annex II, Chapter 12, Section B, Point 7 (Commission Directive 2002/40/EC),

— Annex VII, Chapter 5, Section B, Part II, Point 2 (Council Directives 2002/53/EC and 2002/55/EC),

— Annex VIII, Chapter 4, Section B, Part II (Council Directives 2002/53/EC and 2002/55/EC),

— Annex XI, Chapter 4, Section B, Part II (Council Directives 2002/53/EC and 2002/55/EC),

— Annex XIII, Chapter 5, Section B, Part II (Council Directives 2002/53/EC and 2002/55/EC).