Proposal for a COUNCIL DECISION on the position to be taken by the European Union in the EEA Joint Committee concerning an amendment to Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
Date: 2012-05-10
Institutions: European Commission
Subjects: European Economic Area, free movement of goods, marketing standard, revision of an agreement, technical standard

EUROPEAN COMMISSION 

Brussels, 10.5.2012  
COM(2012) 208 final 

2012/0103 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken by the European Union 
in the EEA Joint Committee 
concerning an amendment to Annex II 
(Technical regulations, standards, testing and certification) 
to the EEA Agreement 

EN 

   EN 

 
 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

In  order  to  ensure  the  requisite  legal  security  and  homogeneity  of  the  Internal  Market,  the 
EEA  Joint  Committee  is  to  integrate  all  the  relevant  Union  legislation  into  the  EEA 
Agreement as soon as possible after its adoption. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

The draft Decision of the EEA Joint Committee (annexed to the proposed Council Decision) 
aims  to  amend  Annex  II  (Technical  regulations,  standards,  testing  and  certification)  to  the 
EEA Agreement. 

More  concretely,  this  amendment  aims  to  incorporate  Regulation  (EC)  No  764/2008  laying 
down  procedures  relating  to  the  application  of  certain  national  technical  rules  to  products 
lawfully  marketed  in  another  Member  State;  Regulation  (EC)  No  765/2008  setting  out  the 
requirements for accreditation and market surveillance relating to the marketing of products 
and Decision No 768/2008/EC on a common framework for the marketing of products. 

An adaptation is proposed in relation to Liechtenstein as to the Regulation (EC) No 764/2008. 
The EEA Joint Committee Decision No 97/2007 exempted Liechtenstein from the application 
of Annex I, Chapters XII and XXVII of Annex II, and Protocol 47 of the EEA Agreement, for 
so  long  as  the  Agriculture  Agreement  between  the  EU  and  Swiss  Confederation  applies  to 
Liechtenstein.  Therefore  Liechtenstein  wishes  for  exemption  from  the  Regulation  (EC)  No 
764/2008 for those products. 

In  relation  to  the  Regulation  (EC)  No  765/2008,  Liechtenstein  shall  have  the  possibility  to 
have recourse to the accreditation body of Switzerland for the product sectors covered by the 
Agreement  between  the  European  Community  and  the  Swiss  Confederation  on  mutual 
recognition  in  relation  to  conformity  assessment  and  in  respect  of  which  EU  and  Swiss 
requirements  are  deemed  equivalent  pursuant  to  Article  1(2)  and  (3)  of  that  Agreement. 
Moreover, for products not originating in the EEA and exported from Liechtenstein to another 
EEA State, there may be a need to check products at the border in order to make sure that they 
are  in  conformity  with  EEA  legislation,  due  to  Liechtenstein's  regional  union  with 
Switzerland, where Liechtenstein may have applied Swiss technical regulations and standards.  

Concerning  Decision  No  768/2008/EC,  as  the  Decision  refers  to  future  legislation,  the 
proposed  text  underlines  the  fact  that  the  EEA  relevance  of  all  legal  acts  are  considered 
individually, and that the incorporation of one act is without prejudice to the incorporation of 
others.  

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

Article  1(3)  of  Council  Regulation  (EC)  No  2894/94  concerning  arrangements  for 
implementing  the  EEA  Agreement  provides  that  the  Council  establishes  the  position  to  be 
adopted on the Union’s behalf on such Decisions, on a proposal from the Commission.  

EN 

2 

   EN 

The Commission submits the Draft Decision of the EEA Joint Committee for adoption by the 
Council as the Union’s position. The Commission would hope to be able to present it in the 
EEA Joint Committee at the earliest possible opportunity. 

EN 

3 

   EN 

2012/0103 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken by the European Union 
in the EEA Joint Committee 
concerning an amendment to Annex II 
(Technical regulations, standards, testing and certification) 
to the EEA Agreement 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Articles 43(2), 114(1) and 207(2), in conjunction with 218(9) thereof, 

Having  regard  to  Council  Regulation  (EC)  No  2894/94  of  28  November  1994  concerning 
arrangements  for  implementing  the  Agreement  on  the  European  Economic  Area1,  and  in 
particular Article 1(3) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

Regulation (EC) No 764/2008 of the European Parliament and of the Council of 9 July 
2008 laying down  procedures  relating  to the application of certain national technical 
rules to products lawfully marketed in another Member State and repealing Decision 
No 3052/95/EC is to be incorporated into the Agreement. 

Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 
2008 setting out the requirements for accreditation and market surveillance relating to 
the  marketing  of  products  and  repealing  Regulation  (EEC)  No  339/93  is  to  be 
incorporated into the Agreement. 

Decision  No  768/2008/EC  of  the  European  Parliament  and  of  the  Council  of  9  July 
2008  on  a  common  framework  for  the  marketing of products, and  repealing Council 
Decision 93/465/EEC is to be incorporated into the Agreement. 

Decision  No  768/2008/EC  sets  out  common  principles  and  reference  provisions  for 
future  legislation  harmonizing  the  conditions  for  the  marketing  of  products  and  a 
reference text for existing legislation.  

Regulation  (EC)  No  764/2008  repeals  Decision  No  3052/95/EC  of  the  European 
Parliament  and  of  the  Council  which  is  incorporated  into  the  Agreement  and  is 
therefore to be repealed under the Agreement. 

1 

OJ L 305, 30.11.1994, p. 6.  

EN 

4 

   EN 

                                                 
(6) 

(7) 

Regulation (EC) No 765/2008 repeals Council Regulation (EEC) No 339/93 which is 
incorporated into the Agreement and is therefore to be repealed under the Agreement. 

Decision  No  768/2008/EC  repeals  Council  Decision  93/465/EEC  which 
incorporated into the Agreement and is therefore to be repealed under the Agreement, 

is 

(8) 

 Annex II to the EEA Agreement should therefore be amended accordingly. 

(9) 

The position of the Union in the EEA Joint Committee should therefore be based on 
the attached draft Decision, 

HAS ADOPTED THIS DECISION:  

Article 1 

The  position  to  be  taken  by  the  Union  in  the  EEA  Joint  Committee  on  the  proposed 
amendment  to  Annex  II  (Technical  regulations,  standards,  testing  and  certification)  to  the 
EEA Agreement shall be based on the draft Decision of the EEA Joint Committee attached to 
this Decision. 

Article 2 

This Decision shall enter into force on the day of its adoption. 

Done at Brussels,  

For the Council 
The President 

EN 

5 

   EN 

 
 
DRAFT 
DECISION No …/2012 OF THE EEA JOINT COMMITTEE  

amending Annex II (Technical regulations, standards, testing and certification)  
to the EEA Agreement 

of  

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  (“the  EEA  Agreement”),  and  in 
particular Article 98 thereof, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

1 
2 
3 
4 
5 
6 

Annex II to the Agreement was amended by Decision of the EEA Joint Committee 
No ... of …1. 

Regulation  (EC)  No  764/2008  of  the  European  Parliament  and  of  the  Council  of  9 
July  2008  laying  down  procedures  relating  to  the  application  of  certain  national 
technical rules to products lawfully marketed in another Member State and repealing 
Decision No 3052/95/EC2 is to be incorporated into the Agreement. 

Regulation  (EC)  No  765/2008  of  the  European  Parliament  and  of  the  Council  of  9 
July  2008  setting  out  the  requirements  for  accreditation  and  market  surveillance 
relating to the marketing of products and repealing Regulation (EEC) No 339/933 is 
to be incorporated into the Agreement. 

Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 
2008 on a common framework for the marketing of products, and repealing Council 
Decision 93/465/EEC4 is to be incorporated into the Agreement. 

Decision No 768/2008/EC sets out common principles and reference provisions for 
future  legislation  harmonizing  the  conditions  for  the  marketing  of  products  and  a 
reference text for existing legislation.  

Regulation  (EC)  No  764/2008  repeals  Decision  No  3052/95/EC  of  the  European 
Parliament  and  of  the  Council5  which  is  incorporated  into  the  Agreement  and  is 
therefore to be repealed under the Agreement. 

Regulation (EC) No 765/2008 repeals Council Regulation (EEC) No 339/936 which 
is  incorporated  into  the  Agreement  and  is  therefore  to  be  repealed  under  the 
Agreement. 

OJ L …  
OJ L 218, 13.8.2008, p. 21. 
OJ L 218, 13.8.2008, p. 30. 
OJ L 218, 13.8.2008, p. 82. 
OJ L 321, 30.12.1995, p. 1. 
OJ L 40, 17.2.1993, p. 1. 

EN 

6 

   EN 

 
                                                 
(8) 

Decision  No  768/2008/EC  repeals  Council  Decision  93/465/EEC7  which  is 
incorporated  into  the  Agreement  and  is  therefore  to  be  repealed  under  the 
Agreement, 

(9) 

Annex II to the EEA Agreement should therefore be amended accordingly, 

HAS ADOPTED THIS DECISION: 

Article 1 

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

1. 

The text of point 3b (Council Regulation (EEC) No 339/93) shall be replaced by the 
following: 

‘32008 R 0765: Regulation (EC) No 765/2008 of the European Parliament and of the 
Council  of  9  July  2008  setting  out  the  requirements  for  accreditation  and  market 
surveillance  relating  to  the  marketing  of  products  and  repealing  Regulation  (EEC) 
No 339/93 (OJ L 218, 13.8.2008, p. 30). 

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

(a)  The following shall be added at the end of Article 4 (2):  

“Liechtenstein  shall  also  have  recourse  to  the  national  accreditation  body  of 
Switzerland  for  the  product  sectors  covered  by  the  Agreement  between  the 
European  Community  and  the  Swiss  Confederation  on  mutual  recognition  in 
relation  to  conformity  assessment  and  in  respect  of  which  EU  and  Swiss 
requirements  are  deemed  equivalent  pursuant  to  Article  1(2)  and  (3)  of  that 
Agreement”. 

(b)  Products exported from Liechtenstein to the other Contracting Parties may be 

subjected to border controls according to Articles 27-29.’ 

2. 

The  text  of  point  3d  (Council  Decision  93/465/EEC)  shall  be  replaced  by  the 
following: 

‘32008  D  0768:  Decision  No  768/2008/EC  of  the  European  Parliament  and  of  the 
Council of 9 July 2008 on a common framework for the marketing of products, and 
repealing Council Decision 93/465/EEC (OJ L 218, 13.8.2008, p. 82).’ 

3. 

The text of point 3f (Decision No 3052/95/EC of the European Parliament and of the 
Council) shall be replaced by the following: 

‘32008 R 0764: Regulation (EC) No 764/2008 of the European Parliament and of the 
Council of 9 July 2008 laying down procedures relating to the application of certain 
national technical rules to products lawfully marketed in another Member State and 
repealing Decision No 3052/95/EC (OJ L 218, 13.8.2008, p. 21). 

7 

OJ L 220, 30.8.1993, p. 23. 

EN 

7 

   EN 

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

The  Regulation  shall  only  apply  to  products  covered  by  Article  8  (3)  of  the 
Agreement. 

The  Regulation  shall  not  apply  to  Liechtenstein  in  relation  to  products  covered  by 
Annex I, Chapters XII and XXVII of Annex II and Protocol 47 to the Agreement, as 
long as the application of the Agreement between the European Community and the 
Swiss Confederation on trade in agricultural products is extended to Liechtenstein.’ 

4. 

The following shall be inserted in point 3h (Directive 2001/95/EC of the European 
Parliament and of the Council): 

‘, as amended by: 

- 

32008 R 0765: Regulation (EC) No 765/2008 of the European Parliament and 
of the Council of 9 July 2008 (OJ L 218, 13.8.2008, p. 30).’ 

Article 2 

The texts of Regulations (EC) No 764/2008 and 765/2008 and Decision No 768/2008/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. 

This  Decision  shall  enter  into  force  on  ,  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, . 

For the EEA Joint Committee 

The President 

The Secretaries 
to the EEA Joint Committee 

∗ 

[No constitutional requirements indicated.] [Constitutional requirements indicated.] 

EN 

8 

   EN