Decision of the EEA Joint Committee No 107/2007 of 28 September 2007 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
Date: 2007-09-28
Institutions: EEA Joint Committee
Subjects: approximation of laws, dangerous substance, environmental standard, market approval, marketing standard, organic pollution, public health, toxic substance, waste management

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DECISION OF THE EEA JOINT COMMITTEE

No 107/2007

of 28 September 2007

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 83/2007 of 6 July

2007 (1).

(2) Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on
persistent organic pollutants and amending Directive 79/117/EEC (2), as corrected by OJ L 229,
29.6.2004, p. 5, is to be incorporated into the Agreement.

(3) Directive 2005/69/EC of the European Parliament and of the Council of 16 November 2005 amending
for the 27th time Council Directive 76/769/EEC on the approximation of the laws, regulations and
administrative provisions of the Member States relating to restrictions on the marketing and use of
certain dangerous substances and preparations (polycyclic aromatichydrocarbons in extender oils and
tyres) (3) is to be incorporated into the Agreement.

(4) Directive 2005/84/EC of the European Parliament and of the Council of 14 December 2005 amending
for the 22nd time Council Directive 76/769/EEC on the approximation of the laws, regulations and
administrative provisions of the Member States relating to restrictions on the marketing and use of
certain dangerous substances and preparations (phthalates in toys and childcare articles) (4), as corrected
by OJ L 33, 4.2.2006, p. 88, is to be incorporated into the Agreement.

(5) Commission Directive 2006/8/EC of 23 January 2006 amending, for the purposes of their adaptation to
technical progress, Annexes II, III and V to Directive 1999/45/EC of the European Parliament and of the
Council concerning the approximation of the laws, regulations and administrative provisions of the
Member States relating to the classification, packaging and labelling of dangerous preparations (5), as
corrected by OJ L 43, 15.2.2007, p. 42, is to be incorporated into the Agreement.

(6) Council Regulation (EC) No 1195/2006 of 18 July 2006 amending Annex IV to Regulation (EC) No 850/
2004 of the European Parliament and of the Council on persistent organic pollutants (6) is to be
incorporated into the Agreement.

(7) Council Regulation (EC) No 172/2007 of 16 February 2007 amending Annex V to Regulation (EC)
No 850/2004 of the European Parliament and of the Council on persistent organic pollutants (7) is to be
incorporated into the Agreement.

(1) OJ L 328, 13.12.2007, p. 25
(2) OJ L 158, 30.4.2004, p. 7.
(3) OJ L 323, 9.12.2005, p. 51.
(4) OJ L 344, 27.12.2005, p. 40.
(5) OJ L 19, 24.1.2006, p. 12.
(6) OJ L 217, 8.8.2006, p. 1.
(7) OJ L 55, 23.2.2007, p. 1.

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(8) Commission Regulation (EC) No 323/2007 of 26 March 2007 amending Annex V to Regulation (EC)
No 850/2004 of the European Parliament and of the Council on persistent organic pollutants and
amending Directive 79/117/EEC (1) is to be incorporated into the Agreement.

(9) Regulation No (EC) 304/2003 of the European Parliament and of the Council (2) repealed Council
Regulation (EEC) No 2455/92 (3), which is incorporated into the Agreement and which is consequently
to be repealed under the Agreement,

HAS DECIDED AS FOLLOWS:

Chapter XV of Annex II to the Agreement shall be amended as follow:

Article 1

1.

the following indents shall be added in point 4 (Council Directive 76/769/EEC):

‘— 32005 L 0069: Directive 2005/69/EC of

the European Parliament and of

the Council of

16 November 2005 (OJ L 323, 9.12.2005, p. 51),

— 32005 L 0084: Directive 2005/84/EC of

the European Parliament and of

the Council of

14 December 2005 (OJ L 344, 27.12.2005, p. 40), as corrected by OJ L 33, 4.2.2006, p. 88.’;

2.

the following indent shall be added in point 6 (Council Directive 79/117/EEC):

‘— 32004 R 0850: Regulation (EC) No 850/2004 of the European Parliament and of the Council of

29 April 2004 (OJ L 158, 30.4.2004, p. 7), as corrected by OJ L 229, 29.6.2004, p. 5.’;

3.

the following indent shall be added in point 12r (Directive 1999/45/EC of the European Parliament and
of the Council):

‘— 32006 L 0008: Commission Directive 2006/8/EC of 23 January 2006 (OJ L 19, 24.1.2006, p. 12) ,

as corrected by OJ L 43, 15.2.2007, p. 42.’;

4.

the following point shall be inserted after point 12v (Commission Regulation (EC) No 565/2006):

‘12w.

32004 R 0850: Regulation (EC) No 850/2004 of the European Parliament and of the Council of
29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC (OJ L 158,
30.4.2004, p. 7), as corrected by OJ L 229, 29.6.2004, p. 5, as amended by:

— 32006 R 1195: Council Regulation (EC) No 1195/2006 of 18 July 2006 (OJ L 217,

8.8.2006, p. 1),

— 32007 R 0172: Council Regulation (EC) No 172/2007 of 16 February 2007 (OJ L 55,

23.2.2007, p. 1),

— 32007 R 0323: Commission Regulation (EC) No 323/2007 of 26 March 2007 (OJ L 85,

27.3.2007, p. 3).

The provisions of the Regulation shall, for the purposes of this Agreement, be read with the
following adaptation:

Notwithstanding the provisions of Protocol 1 to the Agreement, the term “customs territory of
the Community” contained in Article 2 shall be understood to include the territory of the EFTA
States.’;

5.

the text of point 12c (Council Regulation (EEC) No 2455/92) shall be deleted.

(1) OJ L 85, 27.3.2007, p. 3.
(2) OJ L 63, 6.3.2003, p. 1.
(3) OJ L 251, 29.8.1992, p. 13.

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Article 2

The texts of Regulations (EC) No 850/2004, as corrected by OJ L 229, 29.6.2004, p. 5, (EC) No 1195/2006,
(EC) No 172/2007, (EC) No 323/2007 and Directives 2005/69/EC, 2005/84/EC, as corrected by OJ L 33,
4.2.2006, p. 88, and 2006/8/EC, as corrected by OJ L 43, 15.2.2007, p. 42, in the Icelandic and Norwegian
languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be
authentic.

This Decision shall enter into force on 29 September 2007, 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, 28 September 2007.

For the EEA Joint Committee

The President

Stefán Haukur JÓHANNESSON

(*) No constitutional requirements indicated.