Decision of the EEA Joint Committee No 77/2006 of 7 July 2006 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
Date: 2006-07-07
Institutions: EEA Joint Committee
Subjects: EC conformity marking, combustion gases, electromagnetic interference, motor vehicle, motor vehicle industry, pollution control measures, safety device, technical regulations, waste recycling

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Official Journal of the European Union

19.10.2006

DECISION OF THE EEA JOINT COMMITTEE

No 77/2006

of 7 July 2006

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 20/2006 of

10 March 2006 (1).

(2) Directive 2005/39/EC of the European Parliament and of the Council of 7 September 2005 amending
Council Directive 74/408/EEC relating to motor vehicles with regard to the seats, their anchorages and
head restraints (2) is to be incorporated into the Agreement.

(3) Directive 2005/40/EC of the European Parliament and of the Council of 7 September 2005 amending
Council Directive 77/541/EEC on the approximation of the laws of the Member States relating to safety
belts and restraint systems of motor vehicles (3) is to be incorporated into the Agreement.

(4) Directive 2005/41/EC of the European Parliament and of the Council of 7 September 2005 amending
Council Directive 76/115/EEC on the approximation of the laws of the Member States relating to
anchorages for motor-vehicle safety belts (4) is to be incorporated into the Agreement.

(5) Directive 2005/55/EC of the European Parliament and of the Council of 28 September 2005 on the
approximation of the laws of the Member States relating to the measures to be taken against the emission
of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the
emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied
petroleum gas for use in vehicles (5) is to be incorporated into the Agreement.

(6) Commission Directive 2005/83/EC of 23 November 2005 amending,

their
adaptation to technical progress, Annexes I, VI, VII, VIII, IX and X to Council Directive 72/245/EEC
relating to the radio interference (electromagnetic compatibility) of vehicles (6) is to be incorporated into
the Agreement.

for the purposes of

(7) Directive 2005/66/EC of the European Parliament and of the Council of 26 October 2005 relating to the
use of frontal protection systems on motor vehicles and amending Council Directive 70/156/EEC (7) is to
be incorporated into the Agreement.

(8) Directive 2005/64/EC of the European Parliament and of the Council of 26 October 2005 on the type-
approval of motor vehicles with regard to their reusability, recyclability and recoverability and amending
Council Directive 70/156/EEC (8) is to be incorporated into the Agreement.

(1) OJ L 147, 1.6.2006, p. 30.
(2) OJ L 255, 30.9.2005, p. 143.
(3) OJ L 255, 30.9.2005, p. 146.
(4) OJ L 255, 30.9.2005, p. 149.
(5) OJ L 275, 20.10.2005, p. 1.
(6) OJ L 305, 24.11.2005, p. 32.
(7) OJ L 309, 25.11.2005, p. 37.
(8) OJ L 310, 25.11.2005, p. 10.

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(9) Commission Directive 2005/78/EC of 14 November 2005 implementing Directive 2005/55/EC of the
European Parliament and of the Council on the approximation of the laws of the Member States relating
to the measures to be taken against the emission of gaseous and particulate pollutants from compression-
ignition engines for use in vehicles, and the emission of gaseous pollutants from positive ignition engines
fuelled with natural gas or liquefied petroleum gas for use in vehicles and amending Annexes I, II, III, IV
and VI thereto (1) is to be incorporated into the Agreement.

(10) Directive 2005/55/EC repeals with effect from 9 November 2006 Directives 88/77/EEC (2), 91/542/
EEC (3), 96/1/EC (4), 1999/96/EC (5) and 2001/27/EC (6), which are incorporated into the Agreement and
which are consequently to be repealed under the Agreement with effect from 9 November 2006,

HAS DECIDED AS FOLLOWS:

Article 1

Chapter I of Annex II to the Agreement shall be amended as specified in the Annex to this Decision.

Article 2

The texts of Directives 2005/39/EC, 2005/40/EC, 2005/41/EC, 2005/55/EC, 2005/83/EC, 2005/66/EC,
2005/64/EC and 2005/78/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 8 July 2006, provided that all the notifications under Article 103(1) of
the Agreement have been made to the EEA Joint Committee (*).

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, 7 July 2006.

For the EEA Joint Committee

The President

Oda Helen SLETNES

(1) OJ L 313, 29.11.2005, p. 1.
(2) OJ L 36, 9.2.1988, p. 33.
(3) OJ L 295, 25.10.1991, p. 1.
(4) OJ L 40, 17.2.1996, p. 1.
(5) OJ L 44, 16.2.2000, p. 1.
(6) OJ L 107, 18.4.2001, p. 10.
(*) No constitutional requirements indicated.

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ANNEX

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

1.

paragraph 1 of the introductory part shall be deleted and paragraph 2 shall be renumbered as paragraph 1.;

2.

with effect from 9 November 2006, in the new paragraph 1 of the introductory part, the words ‘91/542/EEC’ shall be
deleted and the words ‘Directive 97/24/EC’ shall be replaced by the words ‘Directives 97/24/EC and 2005/55/EC’;

3.

the following indents shall be added in point 1 (Council Directive 70/156/EEC):

‘— 32005 L 0066: Directive 2005/66/EC of the European Parliament and of the Council of 26 October 2005 (OJ

L 309, 25.11.2005, p. 37),

— 32005 L 0064: Directive 2005/64/EC of the European Parliament and of the Council of 26 October 2005 (OJ

L 310, 25.11.2005, p. 10).’;

4.

the following indent shall be added in point 11 (Council Directive 72/245/EEC):

‘— 32005 L 0083: Commission Directive 2005/83/EC of 23 November 2005 (OJ L 305, 24.11.2005, p. 32).’;

5.

the following indent shall be added in point 16 (Council Directive 74/408/EEC):

‘— 32005 L 0039: Directive 2005/39/EC of the European Parliament and of the Council of 7 September 2005 (OJ

L 255, 30.9.2005, p. 143).’;

6.

the following indent shall be added in point 20 (Council Directive 76/115/EEC):

‘— 32005 L 0041: Directive 2005/41/EC of the European Parliament and of the Council of 7 September 2005 (OJ

L 255, 30.9.2005, p. 149).’;

7.

the following indent shall be added in point 32 (Council Directive 77/541/EEC):

‘— 32005 L 0040: Directive 2005/40/EC of the European Parliament and of the Council of 7 September 2005 (OJ

L 255, 30.9.2005, p. 146).’;

8.

the following points shall be inserted after point 45zh (Commission Directive 2005/49/EC):

‘45zi. 32005 L 0039: Directive 2005/39/EC of the European Parliament and of the Council of 7 September 2005
amending Council Directive 74/408/EEC relating to motor vehicles with regard to the seats, their anchorages
and head restraints (OJ L 255, 30.9.2005, p. 143).’

45zj. 32005 L 0040: Directive 2005/40/EC of the European Parliament and of the Council of 7 September 2005
amending Council Directive 77/541/EEC on the approximation of the laws of the Member States relating to
safety belts and restraint systems of motor vehicles (OJ L 255, 30.9.2005, p. 146).

45zk. 32005 L 0041: Directive 2005/41/EC of the European Parliament and of the Council of 7 September 2005
amending Council Directive 76/115/EEC on the approximation of the laws of the Member States relating to
anchorages for motor-vehicle safety belts (OJ L 255, 30.9.2005, p. 149).

45zl. 32005 L 0055: Directive 2005/55/EC of the European Parliament and of the Council of 28 September 2005 on
the approximation of the laws of the Member States relating to the measures to be taken against the emission of
gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of
gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in
vehicles (OJ L 275, 20.10.2005, p. 1), as amended by:

— 32005 L 0078: Commission Directive 2005/78/EC of 14 November 2005 (OJ L 313, 29.11.2005, p. 1).

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The provisions of the Directive shall, for the purpose of this Agreement, be read with the following adaptation:

In Annex I, the following shall be added to the footnote in point 5.1.3:

‘IS = Iceland, FL = Liechtenstein, 16 = Norway.’

45zm. 32005 L 0066: Directive 2005/66/EC of the European Parliament and of the Council of 26 October 2005
relating to the use of frontal protection systems on motor vehicles and amending Council Directive 70/156/
EEC (OJ L 309, 25.11.2005, p. 37).

The provisions of the Directive shall, for the purpose of this Agreement, be read with the following adaptation:

In Annex II, the following shall be added in point 3.2.1:

‘IS for Iceland

FL for Liechtenstein

16 for Norway’

45zn. 32005 L 0064: Directive 2005/64/EC of the European Parliament and of the Council of 26 October 2005 on
the type-approval of motor vehicles with regard to their reusability, recyclability and recoverability and
amending Council Directive 70/156/EEC (OJ L 310, 25.11.2005, p. 10).

45zo. 32005 L 0078: Commission Directive 2005/78/EC of 14 November 2005 implementing Directive 2005/55/
EC of the European Parliament and of the Council on the approximation of the laws of the Member States
relating to the measures to be taken against the emission of gaseous and particulate pollutants from
compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive ignition
engines fuelled with natural gas or liquefied petroleum gas for use in vehicles and amending Annexes I, II, III, IV
and VI thereto (OJ L 313, 29.11.2005, p. 1).

The provisions of the Directive shall, for the purpose of this Agreement, be read with the following adaptation:

In Annex V, the following shall be added in point 1:

‘IS for Iceland

FL for Liechtenstein

16 for Norway’;

9.

the text of point 44 (Council Directive 88/77/EEC) shall be deleted with effect from 9 November 2006.