Proposal for a COUNCIL DECISION on the position to be adopted, on behalf of the European Union, in the EEA Joint Committee, concerning an amendment to Annex II to the EEA Agreement
Date: 2013-02-27
Institutions: European Commission
Subjects: European Economic Area, consumer protection, food inspection, foodstuff, pesticide, plant health control, revision of an agreement

EUROPEAN 
COMMISSION 

Brussels, 27.2.2013  
COM(2013) 101 final 

2013/0061 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be adopted, on behalf of the European Union, in the EEA Joint 
Committee, concerning an amendment to Annex II 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 EU 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  in  order  to  incorporate  Commission  Implementing  Regulation  (EU)  No 
788/2012 of 31 August 2012 concerning a coordinated multiannual control programme of the 
Union  for  2013,  2014  and  2015  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  Community  control 
programme  for  pesticide  residues  2009-2011  is  incorporated  into  the  EEA  Agreement  with 
certain adaptations for the EEA EFTA States.  

These adaptations should be carried over to Regulation (EU) No 788/2012. 

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. 

EN 

2 

   EN 

2013/0061 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be adopted, on behalf of the European Union, in the EEA Joint 
Committee, concerning an amendment to Annex II 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) 

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

Pursuant  to  Article  98  of  the  EEA  Agreement,  the  EEA  Joint  Committee  may 
decide to amend, inter alia, Annex II thereto. 

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

Commission  Implementing  Regulation  (EU)  No  788/2012  of  31 August  2012 
concerning a coordinated multiannual control programme of the Union for 2013, 
2014 and 2015 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 origin3 is to be incorporated into the EEA Agreement. 

(4) 

Commission  Regulation  (EC)  No  1213/2008  of  5  December  2008  concerning  a 
coordinated multiannual Community control programme for 2009, 2010 and 2011 

1 
2 
3 

OJ L 305, 30.11.1994, p. 6. 
OJ L 1, 3.1.1994, p. 3.  
OJ L 235, 1.9.2012, p. 8. 

EN 

3 

   EN 

                                                 
to  ensure  compliance  with  maximum  levels  of  and  to  assess  the  consumer 
exposure  to  pesticide  residues  in  and  on  food  of  plant  and  animal  origin  is 
incorporated into the EEA Agreement with certain adaptations for the EEA EFTA 
states. 

(5) 

Those adaptations should be carried over to Regulation (EU) No 788/2012. 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. 

(6) 

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

(7) 

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

HAS ADOPTED THIS DECISION:  

Article 1 

The  position  to  be  adopted,  on  behalf  of  the  European  Union,  in  the  EEA  Joint 
Committee  on  the  proposed  amendment  to  Annex  II  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 

4 

   EN 

 
 
Annex 

Draft 

DECISION OF THE EEA JOINT COMMITTEE  
No  

of  

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

Whereas: 

(1) 

(2) 

(3) 

Commission  Implementing  Regulation  (EU)  No  788/2012  of  31 August  2012 
concerning a coordinated multiannual control programme of the Union for 2013, 
2014 and 2015 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 origin4 is to be incorporated into the EEA Agreement. 

Commission  Implementing  Regulation  (EU)  No  788/2012  repeals  Commission 
Regulation  (EU)  No  1274/20115,  which  is  incorporated  into  the  EEA 
Agreement,  and  which  is  consequently  to  be  repealed  under  the  EEA 
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 EEA Agreement. This Decision is 
therefore not to apply to Liechtenstein. 

(4) 

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

HAS ADOPTED THIS DECISION: 

4 
5 

OJ L 235, 1.9.2012, p. 8. 
OJ L 325, 8.12.2011, p. 24. 

EN 

5 

   EN 

                                                 
Article 1 

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

1. 

2. 

The text of point 68 (Commission Regulation (EC) No 1274/2011) is deleted. 

The  following  is  inserted  after  point  71  (Commission  Regulation  (EU)  No 
378/2012): 

‘72.  32012 R 0788: Commission Implementing Regulation (EU) No 788/2012 
of  31  August  2012  concerning  a  coordinated  multiannual  control 
programme  of  the  Union  for  2013,  2014  and  2015  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 235, 1.9.2012, p. 8). 

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

(a)  The following shall be added in Article 1:  

“Iceland  may  for  the  years  2013,  2014  and  2015  continue  to  sample  and 
analyse for the same 61 pesticides as monitored in foodstuffs on its 
market in 2012.”  

(b)  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 788/2012 in the Icelandic and Norwegian languages, to 
be published in the EEA Supplement to the Official Journal of the European Union, shall 
be authentic. 

EN 

6 

   EN 

 
 
Article 3 

This Decision shall enter into force on , provided that all the notifications under Article 
103(1) of the EEA Agreement have been made∗. 

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 

∗ 

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

EN 

7 

   EN