CELEX: 52009SC0464
Language: en
Date: 2009-04-07
Title: Draft Decision of the EEA Joint Committee no of amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement

EN
EN    EN
 ---pagebreak---               COMMISSION OF THE EUROPEAN COMMUNITIES
                                               Brussels, 7.4.2009
                                               SEC(2009) 464 final
                                      Draft
               DECISION OF THE EEA JOINT COMMITTEE
                                       No
                                       of
   amending Annex II (Technical regulations, standards, testing and certification)
                            to the EEA Agreement
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 ---pagebreak---                           EXPLANATORY MEMORANDUM
   1. In order to ensure the requisite legal security and homogeneity of the Internal
      Market, the EEA Joint Committee is to integrate all the relevant Community
      legislation into the EEA Agreement as soon as possible after its adoption.
   2. The EEA Joint Committee should therefore adopt the attached draft Decision to
      amend Annex II (Technical regulations, standards, testing and certification) to the
      EEA Agreement by adding new Community acquis concerning maximum levels for
      certain chemical contaminants in foodstuffs. The present draft Decision concerns the
      following acts:
      32006 R 1881: Commission Regulation (EC) No 1881/2006 of 19 December 2006
      setting maximum levels for certain contaminants in foodstuffs (OJ L 364,
      20.12.2006, p. 5), as amended by:
      -      32007 R 1126: Commission Regulation (EC) No 1126/2007 of 28 September
             2007 (OJ L 255, 29.9.2007, p. 14), and
      -      32008 R 0629: Commission Regulation (EC) No 629/2008 of 2 July 2008 (OJ
             L 173, 3.7.2008, p. 6).
   3. This draft EEA Joint Committee Decision contains an adaptation, allowing Norway
      and Iceland to maintain a lower maximum level for the sum of the dioxins, furans
      and dioxin-like polychlorinated biphenyls (PCBs) in marine oil. This is mainly
      justified by the exceptionally large consumption of marine oils in Norway and
      Iceland, as recommended by their public health authorities, and by national risk-
      assessments and surveillance procedures.
   4. Article 1(3) of Council Regulation (EC) No 2894/94 concerning the arrangements for
      implementing the EEA Agreement envisages that the Council establishes the
      Community position for decisions extending Community legislation with substantial
      changes.
   5. The draft decision of the EEA Joint Committee is submitted for the approval of the
      Council, after which the Commission will put forward the position of the Community
      in the EEA Joint Committee at the earliest possible occasion.
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 ---pagebreak---                                                  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, 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
           ... of …1.
   (2)     Commission Regulation (EC) No 1881/2006 of 19 December 2006 setting maximum
           levels for certain contaminants in foodstuffs2 is to be incorporated into the Agreement.
           It is appropriate to allow Norway and Iceland to maintain the lower maximum level
           for dioxin and dioxin-like PCBs in marine oil laid down in their national legislation,
           adopted for reasons of public health.
   (3)     Commission Regulation (EC) No 1126/2007 of 28 September 2007 amending
           Regulation (EC) No 1881/2006 setting maximum levels for certain contaminants in
           foodstuffs as regards Fusarium toxins in maize and maize products3 is to be
           incorporated into the Agreement.
   (4)     Commission Regulation (EC) No 629/2008 of 2 July 2008 amending Regulation (EC)
           No 1881/2006 setting maximum levels for certain contaminants in foodstuffs4 is to be
           incorporated into the Agreement.
   (5)     Regulation (EC) No 1881/2006 repeals Commission Regulation (EC) No 466/20015,
           which is incorporated into the Agreement and which is consequently to be repealed
           under the Agreement.
   (6)     This Decision shall not apply to Liechtenstein,
   1
           OJ L …
   2
           OJ L 364, 20.12.2006, p. 5.
   3
           OJ L 255, 29.9.2007, p. 14.
   4
           OJ L 173, 3.7.2008, p. 6.
   5
           OJ L 77, 16.3.2001, p. 1.
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 ---pagebreak---    HAS DECIDED AS FOLLOWS:
                                                     Article 1
   Chapter XII of Annex II to the Agreement shall be amended as follows:
   1.        The text of point 54zn (Commission Regulation (EC) No 466/2001) shall be deleted.
   2.        The following shall be inserted after point 54zzzv (Commission Directive
             2006/141/EC):
             ‘54zzzw.32006 R 1881: Commission Regulation (EC) No 1881/2006 of 19
                   December 2006 setting maximum levels for certain contaminants in foodstuffs
                   (OJ L 364, 20.12.2006, p. 5), as amended by:
                   -       32007 R 1126: Commission Regulation (EC) No 1126/2007 of 28
                           September 2007 (OJ L 255, 29.9.2007, p. 14),
                   -       32008 R 0629: Commission Regulation (EC) No 629/2008 of 2 July
                           2008 (OJ L 173, 3.7.2008, p. 6).
                   The provisions of the Regulation shall, for the purposes of this Agreement, be
                   read with the following adaptations:
                   The following shall be inserted in Article 1:
                   “With regard to the maximum level for dioxins and dioxin-like PCBs in marine
                   oil, Iceland and Norway may maintain a maximum level for the sum of
                   dioxins, furans and dioxin-like PCBs (WHO-PCDD/F-PCB-TEQ) of 5 pg/g
                   fat.”’
                                                     Article 2
   The texts of Regulations (EC) Nos 1881/2006, 1126/2007 and 629/2008 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 , provided that all the notifications under Article
   103(1) of the Agreement have been made to the EEA Joint Committee*.
                                                     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.
   *
           [No constitutional requirements indicated.] [Constitutional requirements indicated.]
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 ---pagebreak---    Done at Brussels, .
                       For the EEA Joint Committee
                       The President
                       The Secretaries
                       to the EEA Joint Committee
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