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: 2012-06-19
Institutions: European Commission
Subjects: EU programme, European Economic Area, European Food Safety Authority, consumer protection, food inspection, foodstuff, pesticide, plant health control, revision of an agreement, sampling, standardisation, waste

EUROPEAN COMMISSION 

Brussels, 19.6.2012  
COM(2012) 296 final 

2012/0157 (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 

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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  legislation  of  the 
European Union 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  incorporate  Regulation  (EU)  no  1274/2011  of  7  December  2011 
concerning  a  coordinated  multiannual  control  programme  of  the  Union  for  2012, 
2013 and 2014 and to ensure compliance with maximum residue levels of pesticides 
and to assess the consumer exposure to pesticide residues in and on food of plant and 
animal origin. 

Regulation  (EC)  No  1213/2008  concerning  a  coordinated  multiannual  control 
programme  for  pesticides  residue  2009-2011  was  incorporated  into  the  EEA 
Agreement with certain adaptions for the EEA EFTA states. 

These adaptions should be carried over to Regulation (EU) no 1274/2011. 

The adaptations concern the number of pesticides to be monitored by Iceland and the 
number of samples of each product to be taken and analysed by Iceland and Norway. 
They  take  into  account,  in  particular,  the  limited  laboratory  capacity  for  pesticide 
residue analysis in Iceland. 

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.  

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. 

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2012/0157 (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) and 168(4)(b), in conjunction with Article 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) 

The Agreement on the European Economic Area2 (“the EEA Agreement”) entered into 
force on 1st January 1994. 

Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee may decide 
to amend, among others, Annex II to the EEA Agreement. 

Annex  II  to  the  EEA  Agreement  contains  provisions  and  arrangements  concerning 
technical regulations, standards, testing and certification. 

Commission  Regulation  (EU)  No 1274/2011  of  7  December  2011  concerning  a 
coordinated multiannual control programme of the Union for 2012, 2013 and 2014 to 
ensure  compliance  with  maximum  levels  of  and  to  assess  the  consumer  exposure  to 
pesticide residues in and on food of plant and animal origin3 is to be incorporated into 
the EEA Agreement.  

Commission  Regulation  (EC)  No  1213/2008  of  5  December  2008  concerning  a 
coordinated multiannual Community control programme for 2009, 2010 and  2011 to 
ensure  compliance  with  maximum  levels  of  and  to  assess  the  consumer  exposure  to 

1 
2 
3 

OJ L 305, 30.11.1994, p. 6.  
OJ L 1, 3.1.1994, p. 3.  
OJ L 325, 08.12.2011, p. 24  

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pesticide residues in and on food of plant and animal origin4 was incorporated into the 
EEA Agreement with certain adaptions for the EEA EFTA states. 

(6) 

Those  adaptions  should  be  carried  over  to  Regulation  (EU)  No 1274/2011.  They 
concern  the  number  of  pesticides  to  be  monitored  by  Iceland  and  the  number  of 
samples of each product to be taken and analysed by Iceland and Norway and take into 
account, in particular, the limited capacity of Icelandic laboratories.  

(7) 

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

(8) 

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

HAS ADOPTED THIS DECISION:  

Article 1 

The  position  to  be  taken  by  the  European  Union  in  the  EEA  Joint  Committee  on  amending 
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. 

Minor changes to the draft Decision may be agreed to by the representatives of the Union in 
the EEA Joint Committee without further decision of the Council. 

After its adoption, the Decision of the EEA Joint Committee shall be published in the Official 
Journal of the European Union. 

Article 2 

Article 3 

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

Done at Brussels,  

For the Council 
The President 

4 

OJ L 328, 6.12.2008, p. 9 

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ANNEX  

Draft 

DECISION OF THE EEA JOINT COMMITTEE 
No  

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) 

(2) 

(3) 

(4) 

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

Commission  Implementing  Regulation  (EU)  No 1274/2011  of  7 December  2011 
concerning  a  coordinated  multiannual  control  programme  of  the  Union  for  2012, 
2013 and 2014 to ensure compliance with maximum residue levels of pesticides and 
to  assess  the  consumer  exposure  to  pesticide  residues  in  and  on  food  of  plant  and 
animal origin2 is to be incorporated into the Agreement. 

Commission  Regulation  (EC)  No  1213/20083,  which  is  incorporated  into  the 
Agreement, has been repealed in the EU and should consequently be repealed under 
the Agreement. 

This  Decision  concerns  legislation  regarding  foodstuffs.  Legislation  regarding 
foodstuffs  shall  not  apply  to  Liechtenstein  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, as specified in the introduction 
to Chapter XII of Annex II to the Agreement. This Decision is therefore not to apply 
to Liechtenstein. 

HAS ADOPTED THIS DECISION: 

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

Article 1 

1. 

1 
2 
3 

The  text  of  point  54zzzzb  (Commission  Regulation  (EC)  No  1213/2008)  shall  be 
deleted. 

OJ L …  
OJ L 325, 8.12.2011, p. 24. 
OJ L 328, 6.12.2008, p. 9. 

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2. 

The  following  shall  be  inserted  after  point  65  (Commission  Regulation  (EU)  No 
1171/2011): 

‘66.  32011 R 1274: Commission Implementing Regulation (EU) No 1274/2011 of 
7 December 2011 concerning a coordinated multiannual control programme of 
the  Union  for  2012,  2013  and  2014  to  ensure  compliance  with  maximum 
residue  levels  of  pesticides  and  to  assess  the  consumer  exposure  to  pesticide 
residues in and on food of plant and animal origin (OJ L 352, 8.12.2011, p. 24). 

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

1. 

The following shall be added in Article 1:  

“Iceland may for the years 2012, 2013 and 2014 continue to sample and analyse for 
the same 61 pesticides as monitored in foodstuffs on its market in 2011.”  

2. 

The following shall be added in point 5 of Annex II: 

IS 

NO 

“ 

”’ 

12 (*) 

15 (**) 

12 (*) 

15 (**) 

Article 2 

The texts of Regulation (EU) No 1274/2011 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 Committee4. 

Article 3 

4 

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

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Article 4 

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

Done at Brussels, . 

For the EEA Joint Committee  
The President   
[…] 

The Secretaries 
to the EEA Joint Committee 
[…] 

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