(1)

Commission Implementing Regulation (EU) 2020/207 of 14 February 2020 amending Regulation (EU) No 142/2011 as regards imports of petfood from Saudi Arabia (1) is to be incorporated into the EEA Agreement.

(2)

This Decision concerns legislation regarding veterinary matters. Legislation regarding veterinary matters 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 sectoral adaptations to Annex I to the EEA Agreement. This Decision is therefore not to apply to Liechtenstein.

(3)

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

‘—

32020 R 0207: Commission Implementing Regulation (EU) 2020/207 of 14 February 2020 (OJ L 43, 17.2.2020, p. 69).’

(1)

Commission Regulation (EU) 2020/735 of 2 June 2020 amending Regulation (EU) No 142/2011 as regards the use of meat-and-bone meal as a fuel in combustion plants (1) is to be incorporated into the EEA Agreement.

(2)

Commission Regulation (EU) 2020/757 of 8 June 2020 amending Regulation (EU) No 142/2011 as regards the traceability of certain animal by-products and derived products (2) is to be incorporated into the EEA Agreement.

(3)

Commission Regulation (EU) 2020/762 of 9 June 2020 amending Regulation (EU) No 142/2011 as regards microbiological standards for raw petfood, requirements concerning approved establishments, technical parameters applicable to the alternative method Brookes’ gasification process and hydrolysis of rendered fats, and exports of processed manure, certain blood, blood products and intermediate products (3) is to be incorporated into the EEA Agreement.

(4)

Commission Regulation (EU) 2020/797 of 17 June 2020 amending Regulation (EU) No 142/2011 as regards requirements for animal by-products and derived products originating from, and returning to, the Union following refusal of entry by a third country (4) is to be incorporated into the EEA Agreement.

(5)

This Decision concerns legislation regarding veterinary matters. Legislation regarding veterinary matters 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 sectoral adaptations to Annex I to the EEA Agreement. This Decision is therefore not to apply to Liechtenstein.

(6)

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

‘—

32020 R 0735: Commission Regulation (EU) 2020/735 of 2 June 2020 (OJ L 172, 3.6.2020, p. 3),

—

32020 R 0757: Commission Regulation (EU) 2020/757 of 8 June 2020 (OJ L 179, 9.6.2020, p. 5),

—

32020 R 0762: Commission Regulation (EU) 2020/762 of 9 June 2020 (OJ L 182, 10.6.2020, p. 3),

—

32020 R 0797: Commission Regulation (EU) 2020/797 of 17 June 2020 (OJ L 194, 18.6.2020, p. 1).’

(1)

Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (1) is to be incorporated into the EEA Agreement.

(2)

Commission Delegated Regulation (EU) 2018/1629 of 25 July 2018 amending the list of diseases set out in Annex II to Regulation (EU) 2016/429 of the European Parliament and of the Council on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (2) is to be incorporated into the EEA Agreement.

(3)

Commission Implementing Regulation (EU) 2018/1882 of 3 December 2018 on the application of certain disease prevention and control rules to categories of listed diseases and establishing a list of species and groups of species posing a considerable risk for the spread of those listed diseases (3) is to be incorporated into the EEA Agreement.

(4)

Commission Implementing Regulation (EU) 2020/690 of 17 December 2019 laying down rules for the application of Regulation (EU) 2016/429 of the European Parliament and of the Council as regards the listed diseases subject to Union surveillance programmes, the geographical scope of such programmes and the listed diseases for which the disease-free status of compartments may be established (4) is to be incorporated into the EEA Agreement.

(5)

Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 (5), which was incorporated into the EEA Agreement by Decision of the EEA Joint Committee No 210/2019 (6), is also to be added as an amending act to Regulation (EU) 2016/429.

(6)

Regulation (EU) 2016/429 repeals Council Directive 90/423/EEC (7) and Council Directive 98/99/EC (8), which are incorporated into the EEA Agreement and which are consequently to be repealed under the EEA Agreement.

(7)

Regulation (EU) 2016/429 repeals, with effect from 21 April 2021, Council Directives 64/432/EEC (9), 82/894/EEC (10), 88/407/EEC (11), 89/556/EEC (12), 90/429/EEC (13), 91/68/EEC (14), 92/35/EEC (15), 92/65/EEC (16), 92/118/EEC (17), 92/119/EEC (18), 2002/99/EC (19), 2004/68/EC (20), 2006/88/EC (21), 2009/156/EC (22), 2009/158/EC (23), Council Decisions 91/666/EEC (24), 95/410/EC (25) and 2000/258/EC (26), which are incorporated into the EEA Agreement and which are consequently to be repealed under the EEA Agreement, with effect from 21 April 2021.

(8)

Regulation (EU) 2016/429 repeals, with effect from 21 April 2024, Council Regulation (EC) No 21/2004 (27), Council Directives 92/66/EEC (28), 2000/75/EC (29), 2001/89/EC (30), 2002/60/EC (31), 2003/85/EC (32), 2005/94/EC (33) and 2008/71/EC (34), which are incorporated into the EEA Agreement and which are consequently to be repealed under the EEA Agreement with effect from 21 April 2024 or at an earlier date determined in a delegated act incorporated into the EEA Agreement.

(9)

Regulation (EU) 2016/429 repeals, with effect from 21 April 2026, Regulation (EU) No 576/2013 of the European Parliament and of the Council (35), which is incorporated into the EEA Agreement and which is consequently repealed under the EEA Agreement with effect from 21 April 2026.

(10)

This Decision concerns legislation containing provisions regarding live animals, other than fish and aquaculture animals, and animal products such as ova, embryo and semen. Provisions regarding these matters shall not apply to Iceland, as specified in paragraph 2 of the Introductory Part of Chapter I of Annex I to the EEA Agreement.

(11)

This Decision concerns legislation regarding veterinary matters. Legislation regarding veterinary matters 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 sectoral adaptations to Annex I to the EEA Agreement. This Decision is therefore not to apply to Liechtenstein.

(12)

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

1.

The text of paragraph 9 (a) of the Introductory Part is replaced by the following:

The EFTA States concerned shall be invited to send observers to the meetings of the Standing Committee on Plants, Animals, Food and Feed, set up by Regulation (EC) 178/2002, dealing with matters which fall within acts referred to in the Agreement. The representatives of the EFTA States shall participate fully in the work of the Committee, but shall not have the right to vote;’

2.

The following is inserted after point 12 (Deleted) in Part 1.1:

‘ Animal Health

3.

The following indent is added in point 7c (Regulation (EC) No 1760/2000 of the European Parliament and of the Council) in Part 1.1 and in point 8b (Regulation (EC) No 2160/2003 of the European Parliament and of the Council) in Part 7.1:

4.

The text of point 2 (Council Directive 90/423/EEC) in Part 3.1 is deleted.

5.

The text of points 4 (Council Directive 92/35/EEC), 8a (Council Directive 2006/88/EC), 9 (Council Directive 92/119/EEC), and 10 (Council Directive 82/894/EEC) in Part 3.1, 7 (Council Decision 91/666/EEC) in Part 3.2, 1 (Council Directive 64/432/EEC), 2 (Council Directive 91/68/EEC), 3 (Council Directive 2009/156/EC), 4a (Council Directive 2009/158/EC), 5a (Council Directive 2006/88/EC), 6 (Council Directive 89/556/EEC), 7 (Council Directive 88/407/EEC), 8 (Council Directive 90/429/EEC) and 9 (Council Directive 92/65/EEC) in Part 4.1, 37 (Council Decision 95/410/EC) and 54 (Council Decision 2000/258/EC) in Part 4.2, 6a (Council Directive 2002/99/EC) and 7 (Council Directive 92/118/EEC) in Part 5.1, 15 (Council Directive 92/118/EEC) in Part 6.1, 2 (Council Directive 2009/156/EC), 3a (Council Directive 2009/158/EC), 4a (Council Directive 2006/88/EC), 5 (Council Directive 89/556/EEC), 6 (Council Directive 88/407/EEC), 7 (Council Directive 90/429/EEC), 15 (Council Directive 92/65/EEC), 16 (Council Directive 92/118/EEC) and 16a (Council Directive 2004/68/EC) in Part 8.1 shall be deleted with effect from 21 April 2021.

6.

The text of points 7b (Council Regulation (EC) No 21/2004) and 7d (Council Directive 2008/71/EC) in Part 1.1 and 1a (Council Directive 2003/85/EC), 3 (Council Directive 2001/89/EC), 5a (Council Directive 2005/94/EC), 6 (Council Directive 92/66/EEC), 9a (Council Directive 2000/75/EC) and 9b (Council Directive 2002/60/EC) in Part 3.1 shall be deleted with effect from 21 April 2024 or at an earlier date determined in a delegated act.

7.

The text of point 10 (Regulation (EU) No 576/2013 of the European Parliament and of the Council) in Part 1.1 shall be deleted with effect from 21 April 2026.

(1)

Commission Implementing Decision (EU) 2020/552 of 20 April 2020 amending Annexes I and II to Decision 2003/467/EC as regards the officially tuberculosis-free status of the region of Valle d’Aosta in Italy and of the Autonomous Region of the Azores in Portugal, and as regards the officially brucellosis-free status of several regions of Portugal (1) is to be incorporated into the EEA Agreement.

(2)

This Decision concerns legislation regarding live animals other than fish and aquaculture animals. Legislation concerning these matters shall not apply to Iceland, as specified in paragraph 2 of the Introductory Part of Chapter I of Annex I to the EEA Agreement. This Decision is therefore not to apply to Iceland.

(3)

This Decision concerns legislation regarding veterinary matters. Legislation regarding veterinary matters 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 sectoral adaptations to Annex I to the EEA Agreement. This Decision is therefore not to apply to Liechtenstein.

(4)

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

‘—

32020 D 0552: Commission Implementing Decision (EU) 2020/552 of 20 April 2020 (OJ L 127, 22.4.2020, p. 19).’

(1)

Commission Implementing Decision (EU) 2020/528 of 14 April 2020 authorising laboratories in Brazil, China, South Korea, Thailand and the United States to carry out serological tests to monitor the effectiveness of rabies vaccines in dogs, cats and ferrets (1) is to be incorporated into the EEA Agreement.

(2)

This Decision concerns legislation regarding live animals other than fish and aquaculture animals. Legislation concerning these matters shall not apply to Iceland, as specified in paragraph 2 of the Introductory Part of Chapter I of Annex I to the EEA Agreement. This Decision is therefore not to apply to Iceland.

(3)

This Decision concerns legislation regarding veterinary matters. Legislation regarding veterinary matters 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 sectoral adaptations to Annex I to the EEA Agreement. This Decision is therefore not to apply to Liechtenstein.

(4)

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

‘107.

32020 D 0528: Commission Implementing Decision (EU) 2020/528 of 14 April 2020 authorising laboratories in Brazil, China, South Korea, Thailand and the United States to carry out serological tests to monitor the effectiveness of rabies vaccines in dogs, cats and ferrets (OJ L 118, 16.4.2020, p. 26).

This act shall not apply to Iceland.’

(1)

Commission Implementing Regulation (EU) 2020/376 of 5 March 2020 concerning the authorisation of Norbixin (annatto F) as a feed additive for cats and dogs (1) is to be incorporated into the EEA Agreement.

(2)

Commission Implementing Regulation (EU) 2020/377 of 5 March 2020 concerning the authorisation of sodium selenate as a feed additive for ruminants (2) is to be incorporated into the EEA Agreement.

(3)

Commission Implementing Regulation (EU) 2020/378 of 5 March 2020 concerning the authorisation of L-leucine as a feed additive for all animal species (3) is to be incorporated into the EEA Agreement.

(4)

This Decision concerns legislation regarding feedingstuffs. Legislation regarding feedingstuffs 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 sectoral adaptations to Annex I to the EEA Agreement. This Decision is therefore not to apply to Liechtenstein.

(5)

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

‘319.

32020 R 0376: Commission Implementing Regulation (EU) 2020/376 of 5 March 2020 concerning the authorisation of Norbixin (annatto F) as a feed additive for cats and dogs (OJ L 69, 6.3.2020, p. 3).

320.

32020 R 0377: Commission Implementing Regulation (EU) 2020/377 of 5 March 2020 concerning the authorisation of sodium selenate as a feed additive for ruminants (OJ L 69, 6.3.2020, p. 6).

321.

32020 R 0378: Commission Implementing Regulation (EU) 2020/378 of 5 March 2020 concerning the authorisation of L-leucine as a feed additive for all animal species (OJ L 69, 6.3.2020, p. 9).’

(1)

Commission Regulation (EU) 2020/354 of 4 March 2020 establishing a list of intended uses of feed intended for particular nutritional purposes and repealing Directive 2008/38/EC (1) is to be incorporated into the EEA Agreement.

(2)

Regulation (EU) 2020/354 repeals Commission Directive 2008/38/EC (2), which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement with effect from 25 December 2020.

(3)

This Decision concerns legislation regarding feedingstuffs. Legislation regarding feedingstuffs 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 sectoral adaptations to Annex I to the EEA Agreement. This Decision is therefore not to apply to Liechtenstein.

(4)

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

1.

The following point is inserted after point 321 (Commission Implementing Regulation (EU) 2020/378):

2.

The text of point 14c (Commission Directive 2008/38/EC) shall be deleted with effect from 25 December 2020.

(1)

Commission Implementing Regulation (EU) 2020/993 of 9 July 2020 concerning the authorisation of a preparation of endo-1,4-beta-xylanase (EC 3.2.1.8) produced by Trichoderma reesei (BCCM/MUCL 49755) as a feed additive for all avian species for fattening other than chickens for fattening, ornamental birds, all weaned porcine species other than weaned piglets and all porcine species for fattening other than pigs for fattening (holder of authorisation Berg und Schmidt GmbH Co. KG) (1) is to be incorporated into the EEA Agreement.

(2)

Commission Implementing Regulation (EU) 2020/994 of 9 July 2020 concerning the authorisation of monensin and nicarbazin (Monimax) as a feed additive for turkeys for fattening, chickens for fattening and chickens reared for laying (holder of authorisation Huvepharma NV) (2) is to be incorporated into the EEA Agreement.

(3)

Commission Implementing Regulation (EU) 2020/995 of 9 July 2020 concerning the authorisation of a preparation of endo-1,4-beta-xylanase produced by Aspergillus oryzae (DSM 26372) as a feed additive for lactating sows (holder of authorisation DSM Nutritional Products Ltd represented by DSM Nutritional Products Sp. Z o.o) (3), as corrected by OJ L 225, 14.7.2020, p. 55, is to be incorporated into the EEA Agreement.

(4)

Commission Implementing Regulation (EU) 2020/996 of 9 July 2020 concerning the authorisation of the preparation of carvacrol, thymol, D-carvone, methyl salicylate and L-menthol as a feed additive for chickens for fattening, chickens reared for laying and minor poultry species reared for laying (holder of authorisation Biomin GmbH) (4) is to be incorporated into the EEA Agreement.

(5)

Commission Implementing Regulation (EU) 2020/997 of 9 July 2020 concerning the authorisation of L-lysine base, liquid, L-lysine sulphate and L-lysine monohydrochloride, technically pure, as feed additives for all animal species (5) is to be incorporated into the EEA Agreement.

(6)

Commission Implementing Regulation (EU) 2020/998 of 9 July 2020 concerning the renewal of the authorisation of astaxanthin-dimethyldisuccinate as a feed additive for fish and crustaceans and repealing Regulation (EC) No 393/2008 (6) is to be incorporated into the EEA Agreement.

(7)

Commission Implementing Regulation (EU) 2020/1031 of 15 July 2020 concerning the authorisation of benzoic acid as a feed additive for pigs for fattening (holder of authorisation DSM Nutritional Products Ltd represented by DSM Nutritional Products Sp. Z o.o) (7) is to be incorporated into the EEA Agreement.

(8)

Commission Implementing Regulation (EU) 2020/1032 of 15 July 2020 concerning the authorisation of the preparation of Bacillus subtilis DSM 28343 as a feed additive for calves for rearing and pigs for fattening (holder of authorisation Lactosan GmbH & Co. KG) (8) is to be incorporated into the EEA Agreement.

(9)

Commission Implementing Regulation (EU) 2020/1034 of 15 July 2020 concerning the authorisation of a preparation of endo-1,4-beta-xylanase produced by Aspergillus oryzae (DSM 26372) as a feed additive for laying hens (holder of authorisation DSM Nutritional Products Ltd represented by DSM Nutritional Products Sp. Z o.o) (9) is to be incorporated into the EEA Agreement.

(10)

Implementing Regulation (EU) 2020/998 repeals Commission Regulation (EC) No 393/2008 (10), which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement.

(11)

This Decision concerns legislation regarding feedingstuffs. Legislation regarding feedingstuffs 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 sectoral adaptations to Annex I to the EEA Agreement. This Decision is therefore not to apply to Liechtenstein.

(12)

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

1.

The following points are inserted after point 322 (Commission Regulation (EU) 2020/354):

2.

The text of point 1zzzzo (Commission Regulation (EC) No 393/2008) is deleted.

(1)

Commission Implementing Directive (EU) 2020/432 of 23 March 2020 amending Council Directive 2002/55/EC with regard to the definition of vegetables and the list of genera and species in Article 2(1)(b) (1) is to be incorporated into the EEA Agreement.

(2)

This Decision concerns legislation regarding phytosanitary matters. Legislation regarding phytosanitary matters 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 sectoral adaptations to Annex I to the EEA Agreement. This Decision is therefore not to apply to Liechtenstein.

(3)

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

‘—

32020 L 0432: Commission Implementing Directive (EU) 2020/432 of 23 March 2020 (OJ L 88, 24.3.2020, p. 3).’

(1)

Commission Implementing Directive (EU) 2019/1985 of 28 November 2019 amending Directives 2003/90/EC and 2003/91/EC setting out implementing measures for the purposes of Article 7 of Council Directive 2002/53/EC and Article 7 of Council Directive 2002/55/EC respectively, as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of agricultural plant species and vegetable species (1) is to be incorporated into the EEA Agreement.

(2)

This Decision concerns legislation regarding phytosanitary matters. Legislation regarding phytosanitary matters 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 sectoral adaptations to Annex I to the EEA Agreement. This Decision is therefore not to apply to Liechtenstein.

(3)

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

‘—

32019 L 1985: Commission Implementing Directive (EU) 2019/1985 of 28 November 2019 (OJ L 308, 29.11.2019, p. 86).’

(1)

Commission Regulation (EU) 2020/192 of 12 February 2020 amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for prochloraz in or on certain products (1) is to be incorporated into the EEA Agreement.

(2)

This Decision concerns legislation regarding feedingstuffs and foodstuffs. Legislation regarding feedingstuffs and 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 sectoral adaptations to Annex I and the introduction to Chapter XII of Annex II to the EEA Agreement. This Decision is therefore not to apply to Liechtenstein.

(3)

Annexes I and II to the EEA Agreement should therefore be amended accordingly,

‘—

32020 R 0192: Commission Regulation (EU) 2020/192 of 12 February 2020 (OJ L 40, 13.2.2020, p. 4).’

‘—

32020 R 0192: Commission Regulation (EU) 2020/192 of 12 February 2020 (OJ L 40, 13.2.2020, p. 4).’

(1)

Commission Regulation (EU) 2020/1181 of 7 August 2020 correcting certain language versions of Directive 2007/46/EC of the European Parliament and of the Council establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive), correcting certain language versions of Commission Regulation (EU) No 582/2011 implementing and amending Regulation (EC) No 595/2009 of the European Parliament and of the Council with respect to emissions from heavy duty vehicles (Euro VI) and amending Annexes I and III to Directive 2007/46/EC of the European Parliament and of the Council, and correcting the Danish language version of Commission Regulation (EU) 2017/2400 implementing Regulation (EC) No 595/2009 of the European Parliament and of the Council as regards the determination of the CO2 emissions and fuel consumption of heavy-duty vehicles and amending Directive 2007/46/EC of the European Parliament and of the Council and Commission Regulation (EU) No 582/2011 (1) is to be incorporated into the EEA Agreement.

(2)

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

‘—

32020 R 1181: Commission Regulation (EU) 2020/1181 of 7 August 2020 (OJ L 263, 12.8.2020, p. 1).’

(1)

Commission Implementing Regulation (EU) 2020/25 of 13 January 2020 amending and correcting Regulation (EC) No 1235/2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic products from third countries (1) is to be incorporated into the EEA Agreement.

(2)

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.

(3)

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

‘—

32020 R 0025: Commission Implementing Regulation (EU) 2020/25 of 13 January 2020 (OJ L 8, 14.1.2020, p. 18).’

(1)

Commission Implementing Regulation (EU) 2020/1667 of 10 November 2020 amending Implementing Regulation (EU) 2020/977 as regards the period of application of the temporary measures in relation to controls on the production of organic products (1) is to be incorporated into the EEA Agreement.

(2)

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.

(3)

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

—

32020 R 1667: Commission Implementing Regulation (EU) 2020/1667 of 10 November 2020 (OJ L 377, 11.11.2020, p. 5).’

(1)

Commission Regulation (EU) 2020/685 of 20 May 2020 amending Regulation (EC) No 1881/2006 as regards maximum levels of perchlorate in certain foods (1) is to be incorporated into the EEA Agreement.

(2)

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.

(3)

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

‘—

32020 R 0685: Commission Regulation (EU) 2020/685 of 20 May 2020 (OJ L 160, 25.5.2020, p. 3).’

(1)

Commission Regulation (EU) 2020/268 of 26 February 2020 amending Annex III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of sorbic acid (E 200) in liquid colour preparations for the decorative colouring of egg shells (1) is to be incorporated into the EEA Agreement.

(2)

Commission Regulation (EU) 2020/279 of 27 February 2020 amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of soybean hemicellulose (E 426) (2) is to be incorporated into the EEA Agreement.

(3)

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,

‘—

32020 R 0268: Commission Regulation (EU) 2020/268 of 26 February 2020 (OJ L 56, 27.2.2020, p. 4),

—

32020 R 0279: Commission Regulation (EU) 2020/279 of 27 February 2020 (OJ L 59, 28.2.2020, p. 6).’

(1)

Commission Implementing Regulation (EU) 2019/2165 of 17 December 2019 authorising the change of the specifications of the novel food coriander seed oil from Coriandrum sativum under Regulation (EU) 2015/2283 of the European Parliament and of the Council and amending Commission Implementing Regulation (EU) 2017/2470 (1) is to be incorporated into the EEA Agreement.

(2)

Commission Implementing Regulation (EU) 2020/16 of 10 January 2020 authorising the placing on the market of nicotinamide riboside chloride as a novel food under Regulation (EU) 2015/2283 of the European Parliament and of the Council and amending Commission Implementing Regulation (EU) 2017/2470 (2) is to be incorporated into the EEA Agreement.

(3)

Commission Implementing Regulation (EU) 2020/24 of 13 January 2020 authorising an extension of use of chia seeds (Salvia hispanica) as a novel food and the change of the conditions of use and the specific labelling requirements of chia seeds (Salvia hispanica) under Regulation (EU) 2015/2283 of the European Parliament and of the Council and amending Commission Implementing Regulation (EU) 2017/2470 (3) is to be incorporated into the EEA Agreement.

(4)

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.

(5)

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

1.

The following indents are added in point 124b (Commission Implementing Regulation (EU) 2017/2470):

2.

The following points are inserted after point 173 (Commission Implementing Regulation (EU) 2019/1979):

(1)

Commission Implementing Regulation (EU) 2020/206 of 14 February 2020 authorising the placing on the market of fruit pulp, pulp juice, concentrated pulp juice from Theobroma cacao L. as a traditional food from a third country under Regulation (EU) 2015/2283 of the European Parliament and of the Council and amending Implementing Regulation (EU) 2017/2470 (1) is to be incorporated into the EEA Agreement.

(2)

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.

(3)

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

1.

The following indent is added in point 124b (Commission Implementing Regulation (EU) 2017/2470):

2.

The following point is inserted after point 175 (Commission Implementing Regulation (EU) 2020/24):

(1)

Commission Implementing Regulation (EU) 2020/443 of 25 March 2020 authorising the change of the specifications of the novel food spermidine-rich wheat germ extract (Triticum aestivum) under Regulation (EU) 2015/2283 of the European Parliament and of the Council and amending Commission Implementing Regulation (EU) 2017/2470 (1) is to be incorporated into the EEA Agreement.

(2)

Commission Implementing Regulation (EU) 2020/478 of 1 April 2020 correcting Implementing Regulation (EU) 2017/2470 establishing the Union list of novel foods (2) is to be incorporated into the EEA Agreement.

(3)

Commission Implementing Regulation (EU) 2020/484 of 2 April 2020 authorising the placing on the market of lacto-N-tetraose as a novel food under Regulation (EU) 2015/2283 of the European Parliament and of the Council and amending Commission Implementing Regulation (EU) 2017/2470 (3) is to be incorporated into the EEA Agreement.

(4)

Commission Implementing Regulation (EU) 2020/500 of 6 April 2020 authorising the placing on the market of partially defatted chia seed (Salvia hispanica) powders as novel foods under Regulation (EU) 2015/2283 of the European Parliament and of the Council and amending Commission Implementing Regulation (EU) 2017/2470 (4) is to be incorporated into the EEA Agreement.

(5)

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.

(6)

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

1.

The following indents are added in point 124b (Commission Implementing Regulation (EU) 2017/2470):

2.

The following points are inserted after point 176 (Commission Implementing Regulation (EU) 2020/206):

(1)

Commission Implementing Regulation (EU) 2020/916 of 1 July 2020 authorising the extension of use of xylo-oligosaccharides as a novel food under Regulation (EU) 2015/2283 of the European Parliament and of the Council and amending Commission Implementing Regulation (EU) 2017/2470 (1) is to be incorporated into the EEA Agreement.

(2)

Commission Implementing Regulation (EU) 2020/973 of 6 July 2020 authorising a change of the conditions of use of the novel food ‘protein extract from pig kidneys’ and amending Implementing Regulation (EU) 2017/2470 (2) is to be incorporated into the EEA Agreement.

(3)

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,

1.

The following indents are added in point 124b (Commission Implementing Regulation (EU) 2017/2470):

2.

The following points are inserted after point 178 (Commission Implementing Regulation (EU) 2020/500):

(1)

Commission Implementing Regulation (EU) 2020/917 of 1 July 2020 authorising the placing on the market of infusion from coffee leaves of Coffea arabica L. and/or Coffea canephora Pierre ex A. Froehner as a traditional food from a third country under Regulation (EU) 2015/2283 of the European Parliament and of the Council and amending Implementing Regulation (EU) 2017/2470 (1) is to be incorporated into the EEA Agreement.

(2)

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.

(3)

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

1.

The following indent is added in point 124b (Commission Implementing Regulation (EU) 2017/2470):

2.

The following point is inserted after point 180 (Commission Implementing Regulation (EU) 2020/973):

(1)

Commission Implementing Regulation (EU) 2020/42 of 17 January 2020 amending Regulation (EU) No 37/2010 to classify the substance bambermycin as regards its maximum residue limit (1) is to be incorporated into the EEA Agreement.

(2)

Commission Implementing Regulation (EU) 2020/43 of 17 January 2020 amending Regulation (EU) No 37/2010 to classify the substance ciclesonide as regards its maximum residue limit (2) is to be incorporated into the EEA Agreement.

(3)

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

‘—

32020 R 0042: Commission Implementing Regulation (EU) 2020/42 of 17 January 2020 (OJ L 15, 20.1.2020, p. 2),

—

32020 R 0043: Commission Implementing Regulation (EU) 2020/43 of 17 January 2020 (OJ L 15, 20.1.2020, p. 5).’

(1)

Commission Delegated Regulation (EU) 2020/217 of 4 October 2019 amending, for the purposes of its adaptation to technical and scientific progress, Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures and correcting that Regulation (1), as corrected by OJ L 51, 25.2.2020, p. 13, is to be incorporated into the EEA Agreement.

(2)

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

‘—

32020 R 0217: Commission Delegated Regulation (EU) 2020/217 of 4 October 2019 (OJ L 44, 18.2.2020, p. 1), as corrected by OJ L 51, 25.2.2020, p. 13.’

(1)

Commission Delegated Regulation (EU) 2020/1182 of 19 May 2020 amending, for the purposes of its adaptation to technical and scientific progress, Part 3 of Annex VI to Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures (1) is to be incorporated into the EEA Agreement.

(2)

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

‘—

32020 R 1182: Commission Delegated Regulation (EU) 2020/1182 of 19 May 2020 (OJ L 261, 11.8.2020, p. 2).’

(1)

Commission Implementing Decision (EU) 2019/1244 of 1 July 2019 amending Decision 2002/364/EC as regards requirements for HIV and HCV antigen and antibody combined tests and as regards requirements for nucleic acid amplification techniques with respect to reference materials and qualitative HIV assays (1) is to be incorporated into the EEA Agreement.

(2)

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

‘—

32019 D 1244: Commission Implementing Decision (EU) 2019/1244 of 1 July 2019 (OJ L 193, 19.7.2019, p. 1).’

(1)

Commission Implementing Decision (EU) 2019/939 of 6 June 2019 designating issuing entities designated to operate a system for the assignment of Unique Device Identifiers (UDIs) in the field of medical devices (1) is to be incorporated into the EEA Agreement.

(2)

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

‘13.

32019 D 0939: Commission Implementing Decision (EU) 2019/939 of 6 June 2019 designating issuing entities designated to operate a system for the assignment of Unique Device Identifiers (UDIs) in the field of medical devices (OJ L 149, 7.6.2019, p. 73).’

(1)

Commission Delegated Regulation (EU) No 665/2013 (1), which is incorporated into the EEA Agreement, was declared invalid by the General Court of the European Union in its judgment of 8 November 2018, in Case T-544/13 (2) and consequently the reference to Delegated Regulation (EU) No 665/2013 is to be deleted from the EEA Agreement.

(2)

Annexes II and IV to the EEA Agreement should therefore be amended accordingly,

(1)

Commission Regulation (EU) 2015/1222 of 24 July 2015 establishing a guideline on capacity allocation and congestion management (1) is to be incorporated into the EEA Agreement.

(2)

Commission Regulation (EU) 2015/1222 does not apply to transmission systems on islands which are not connected to other transmission systems via interconnections.

(3)

As the transmission system of Iceland is not connected with another transmission system, Commission Regulation (EU) 2015/1222 should not apply to Iceland.

(4)

Due to its small size and the limited number of electricity customers, Liechtenstein does not have its own transmission electricity network. Commission Regulation (EU) 2015/1222 should therefore not apply to Liechtenstein.

(5)

References to Transmission System Operators ('TSOs'), Nominated Electricity Market Operators ('NEMOs'), regulatory authorities and stakeholders should be understood to include the TSO, NEMOs, regulatory authorities and stakeholders representing Norway.

(6)

When jointly developing terms, conditions and methodologies pursuant to Commission Regulation (EU) 2015/1222, it is essential that all necessary information be submitted without delay. Close cooperation between TSOs and regulatory authorities should ensure that sensitive information, such as detailed information about electrical substations, exact location of underground transmission, information about control systems and detailed vulnerability analyses that can be used for sabotage, is effectively protected in this process of developing terms, conditions or methodologies. To ensure the effective implementation of Commission Regulation (EU) 2015/1222, the same level of cooperation regarding information exchange and protection of sensitive information should be established for the purposes of the cooperation with Norway.

(7)

Input from all main stakeholders in the development of regional or EEA-wide terms, conditions and methodologies, that could become binding through regulatory approval, is crucial for an effective regulatory cross-border framework. The TSOs and other stakeholders should therefore participate in the processes for the development of proposals for terms, conditions and methodologies as set out in the various provisions in Commission Regulation (EU) 2015/1222. The Norwegian TSO and NEMOs should, in particular, participate in the stakeholder decision-making in a similar manner as TSOs and NEMOs representing an EU Member State.

(8)

For regional or Union-wide proposals, where the approval of proposals from TSOs or NEMOs requires a decision by more than one regulatory authority, regulatory authorities should consult and cooperate in order to reach agreement before the regulatory authorities adopt a decision. The Norwegian regulatory authority should be involved in such cooperation.

(9)

As Commission Regulation (EU) 2015/1222 has been adopted on the basis of Regulation (EC) No 714/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003 (2), the adaptation texts elaborated and adopted under Decision of the EEA Joint Committee No 93/2017 of 5 May 2017 amending Annex IV (Energy) to the EEA Agreement (3) for the implementation of Regulation (EC) No 714/2009, in particular the provisions in points (1) and (5) of Article 1 thereof, which provide for adaptations concerning the role of the Agency for the Cooperation of Energy Regulators in the EEA context, are relevant for the application of Commission Regulation (EU) 2015/1222 in the EEA, in particular for the application of Article 9 (11) and (12) thereof.

(10)

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

‘49.

32015 R 1222: Commission Regulation (EU) 2015/1222 of 24 July 2015 establishing a guideline on capacity allocation and congestion management (OJ L 197, 25.7.2015, p. 24).

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

(1)

Commission Regulation (EU) 2016/1719 of 26 September 2016 establishing a guideline on forward capacity allocation (1) is to be incorporated in the EEA Agreement.

(2)

Commission Regulation (EU) 2016/1719 does not apply to transmission systems on islands which are not connected to other transmission systems via interconnections.

(3)

As the transmission system of Iceland is not connected with another transmission system, Commission Regulation (EU) 2016/1719 should not apply to Iceland.

(4)

Due to its small size and the limited number of electricity customers, Liechtenstein does not have its own transmission electricity network. Commission Regulation (EU) 2016/1719 should therefore not apply to Liechtenstein.

(5)

References to Transmission System Operators (“TSOs”), regulatory authorities and stakeholders should be understood to include the TSO, regulatory authorities and stakeholders representing Norway.

(6)

When jointly developing terms, conditions and methodologies pursuant to Commission Regulation (EU) 2016/1719, it is essential that all necessary information be submitted without delay. Close cooperation between TSOs and regulatory authorities should ensure that sensitive information, such as detailed information about electrical substations, exact location of underground transmission, information about control systems and detailed vulnerability analyses that can be used for sabotage, is effectively protected in the process of developing terms, conditions or methodologies. To ensure the effective implementation of Commission Regulation (EU) 2016/1719, the same level of cooperation regarding information exchange and protection of sensitive information should be established for the purposes of the cooperation with Norway.

(7)

Input from all main stakeholders in the development of regional or EEA-wide terms, conditions and methodologies, that could become binding through regulatory approval, is crucial for an effective regulatory cross-border framework. The TSOs and other stakeholders should therefore participate in the processes for the development of proposals for terms, conditions and methodologies as set out in the various provisions in Commission Regulation (EU) 2016/1719. The Norwegian TSO should, in particular, participate in the stakeholder decision-making in a similar manner as TSOs representing an EU Member State.

(8)

For regional or Union-wide proposals, where the approval of proposals from TSOs requires a decision by more than one regulatory authority, regulatory authorities should consult and closely cooperate in order to reach agreement before the regulatory authorities adopt a decision. The Norwegian regulatory authority should be involved in such cooperation.

(9)

As Commission Regulation (EU) 2016/1719 has been adopted on the basis of Regulation (EC) No 714/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003 (2), the adaptation texts elaborated and adopted under Decision of the EEA Joint Committee No 93/2017 of 5 May 2017 amending Annex IV (Energy) to the EEA Agreement (3) for the implementation of Regulation (EC) No 714/2009, in particular the provisions in points (1) and (5) of Article 1 thereof, which provide for adaptations concerning the role of the Agency for the Cooperation of Energy Regulators in the EEA context, are relevant for the application of Commission Regulation (EU) 2016/1719 in the EEA, in particular for the application of Article 4 (8) and (10) thereof.

(10)

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

‘50.

32016 R 1719: Commission Regulation (EU) 2016/1719 of 26 September 2016 establishing a guideline on forward capacity allocation (OJ L 259, 27.9.2016, p. 42).

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

(1)

Commission Regulation (EU) 2017/1485 of 2 August 2017 establishing a guideline on electricity transmission system operation (1) is to be incorporated in the EEA Agreement.

(2)

Commission Regulation (EU) 2017/1485 does not apply to transmission systems on islands which are not connected to other transmission systems via interconnections.

(3)

As the transmission system of Iceland is not connected with other transmission systems, Commission Regulation (EU) 2017/1485 should not apply to Iceland.

(4)

Due to its small size and the limited number of electricity customers, Liechtenstein does not have its own transmission electricity network. Commission Regulation (EU) 2017/1485 should therefore not apply to Liechtenstein.

(5)

References to Transmission System Operators (“TSOs”), Distribution System Operators (“DSOs”), Significant Grid Users (“SGUs”), regulatory authorities, stakeholders and designated entities should be understood to include the TSO, DSOs, SGUs, regulatory authority, stakeholders and designated entities representing Norway.

(6)

When jointly developing terms, conditions and methodologies pursuant to Commission Regulation (EU) 2017/1485, it is essential that all necessary information be submitted without delay. Close cooperation between TSOs and regulatory authorities should ensure that sensitive information, such as detailed information about electrical substations, exact location of underground transmission, information about control systems and detailed vulnerability analyses that can be used for sabotage, is effectively protected in the process of developing terms, conditions or methodologies. To ensure the effective implementation of Commission Regulation (EU) 2017/1485, the same level of cooperation regarding information exchange and protection of sensitive information should be established for the purposes of the cooperation with Norway.

(7)

Input from all main stakeholders in the development of regional or EEA-wide terms, conditions and methodologies, that could become binding through regulatory approval, is crucial for an effective regulatory cross-border framework. The TSOs and other stakeholders should therefore participate in the processes for the development of proposals for terms, conditions and methodologies as set out in the various provisions in Commission Regulation (EU) 2017/1485. The Norwegian TSO should, in particular, participate in the stakeholder decision-making in a similar manner as TSOs representing an EU Member State.

(8)

For regional or Union-wide proposals, where the approval of proposals from TSOs requires a decision by more than one regulatory authority, regulatory authorities should consult and closely cooperate in order to reach agreement before the regulatory authorities adopt a decision. The Norwegian regulatory authority should be involved in such cooperation.

(9)

As Commission Regulation (EU) 2017/1485 has been adopted on the basis of Regulation (EC) No 714/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003 (2), the adaptation texts elaborated and adopted under Decision of the EEA Joint Committee No 93/2017 of 5 May 2017 amending Annex IV (Energy) to the EEA Agreement (3) for the implementation of Regulation (EC) No 714/2009, in particular the provisions in points (1) and (5) of Article 1 thereof, which provide for adaptations concerning the role of the Agency for the Cooperation of Energy Regulators in the EEA context, are relevant for the application of Commission Regulation (EU) 2017/1485 in the EEA, in particular for the application of Article 6 (8) and Article 7 (3) thereof.

(10)

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

‘51.

32017 R 1485: Commission Regulation (EU) 2017/1485 of 2 August 2017 establishing a guideline on electricity transmission system operation (OJ L 220, 25.8.2017, p. 1).

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

(1)

Commission Regulation (EU) 2017/2195 of 23 November 2017 establishing a guideline on electricity balancing (1) is to be incorporated in the EEA Agreement.

(2)

Commission Regulation (EU) 2017/2195 does not apply to transmission systems on islands which are not connected to other transmission systems via interconnections.

(3)

As the transmission system of Iceland is not connected with other transmission systems, Commission Regulation (EU) 2017/2195 should not apply to Iceland.

(4)

Due to its small size and the limited number of electricity customers, Liechtenstein does not have its own transmission electricity network. Commission Regulation (EU) 2017/2195 should therefore not apply to Liechtenstein.

(5)

References to Transmission System Operators (“TSOs”), regulatory authorities and stakeholders should be understood to include the TSO, regulatory authorities and stakeholders representing Norway.

(6)

When jointly developing terms, conditions and methodologies pursuant to Commission Regulation (EU) 2017/2195, it is essential that all necessary information be submitted without delay. Close cooperation between TSOs and regulatory authorities should ensure that sensitive information, such as detailed information about electrical substations, exact location of underground transmission, information about control systems and detailed vulnerability analyses that can be used for sabotage, is effectively protected in the process of developing terms, conditions or methodologies. To ensure the effective implementation of Commission Regulation (EU) 2017/2195, the same level of cooperation regarding information exchange and protection of sensitive information should be established for the purposes of the cooperation with Norway.

(7)

Input from all main stakeholders in the development of regional or EEA-wide terms, conditions and methodologies, that could become binding through regulatory approval, is crucial for an effective regulatory cross-border framework. The TSOs and other stakeholders should therefore participate in the processes for the development of proposals for terms, conditions and methodologies as set out in the various provisions in Commission Regulation (EU) 2017/2195. The Norwegian TSO should, in particular, participate in the stakeholder decision-making in a similar manner as TSOs representing an EU Member State.

(8)

For regional or Union-wide proposals, where the approval of proposals from TSOs requires a decision by more than one regulatory authority, regulatory authorities should consult and closely cooperate in order to reach agreement before the regulatory authorities adopt a decision. The Norwegian regulatory authority should be involved in such cooperation.

(9)

As Commission Regulation (EU) 2017/2195 has been adopted on the basis of Regulation (EC) No 714/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003 (2), the adaptation texts elaborated and adopted under Decision of the EEA Joint Committee No 93/2017 of 5 May 2017 amending Annex IV (Energy) to the EEA Agreement (3) for the implementation of Regulation (EC) No 714/2009, in particular the provisions in points (1) and (5) of Article 1 thereof, which provide for adaptations concerning the role of the Agency for the Cooperation of Energy Regulators in the EEA context, are relevant for the application of Commission Regulation (EU) 2017/2195 in the EEA, in particular for the application of Article 5 (6) and (7) thereof.

(10)

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

‘52.

32017 R 2195: Commission Regulation (EU) 2017/2195 of 23 November 2017 establishing a guideline on electricity balancing (OJ L 312, 28.11.2017, p. 6).

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

(1)

Decision No F3 of 19 December 2018 concerning the interpretation of Article 68 of Regulation (EC) No 883/2004 relating to the method for the calculation of the differential supplement (1) is to be incorporated into the EEA Agreement.

(2)

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

‘3.F3

32019 D 0626(01): Decision No F3 of 19 December 2018 concerning the interpretation of Article 68 of Regulation (EC) No 883/2004 relating to the method for the calculation of the differential supplement (OJ C 215, 26.6.2019, p. 2).’

(1)

Recommendation No H2 of 10 October 2018 concerning the inclusion of authentication features to Portable Documents issued by the institution of a Member State and showing the position of a person for the purpose of the application of Regulations (EC) No 883/2004 and (EC) No 987/2009 of the European Parliament and of the Council (1) is to be incorporated into the EEA Agreement.

(2)

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

‘4.H2.

32019 H 0429(01): Recommendation No H2 of 10 October 2018 concerning the inclusion of authentication features to Portable Documents issued by the institution of a Member State and showing the position of a person for the purpose of the application of Regulations (EC) No 883/2004 and (EC) No 987/2009 of the European Parliament and of the Council (OJ C 147, 29.4.2019, p. 6).’

(1)

Article 33 of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (‘Withdrawal Agreement’) (1) states that the provisions of Title III of Part Two of the Withdrawal Agreement shall apply to nationals of Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the Swiss Confederation provided that those countries have concluded and apply corresponding agreements with the United Kingdom of Great Britain and Northern Ireland, which apply to Union citizens, as well as with the European Union which apply to the United Kingdom nationals.

(2)

Article 32 of the Agreement on arrangements between Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland following the withdrawal of the United Kingdom from the European Union, the EEA Agreement and other agreements applicable between the United Kingdom and the EEA EFTA States by virtue of the United Kingdom’s membership of the European Union (‘Separation Agreement’) (2) states that the provisions of Title III of Part Two of the Separation Agreement shall apply to Union citizens provided that the Union has concluded and applies corresponding agreements with the United Kingdom of Great Britain and Northern Ireland which apply to nationals of the EEA EFTA States, as well as with the EEA EFTA States which apply to United Kingdom nationals.

(3)

It is necessary to provide reciprocal protection of social security rights for United Kingdom nationals, as well as their family members and survivors, who, by the end of the transition period, are or have been in a cross-border situation involving one or more of the Contracting Parties to the EEA Agreement and the United Kingdom of Great Britain and Northern Ireland at the same time.

(4)

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

(1)

Commission Delegated Decision (EU) 2019/608 of 16 January 2019 amending Annex V to Directive 2005/36/EC of the European Parliament and of the Council as regards the evidence of formal qualifications and titles of training courses (1) is to be incorporated into the EEA Agreement.

(2)

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

‘—

32019 D 0608: Commission Delegated Decision (EU) 2019/608 of 16 January 2019 (OJ L 104, 15.4.2019, p. 1).’

(1)

Commission Implementing Regulation (EU) 2020/641 of 12 May 2020 laying down technical information for the calculation of technical provisions and basic own funds for reporting with reference dates from 31 March 2020 until 29 June 2020 in accordance with Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (1) is to be incorporated into the EEA Agreement.

(2)

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

‘1zl.

32020 R 0641: Commission Implementing Regulation (EU) 2020/641 of 12 May 2020 laying down technical information for the calculation of technical provisions and basic own funds for reporting with reference dates from 31 March 2020 until 29 June 2020 in accordance with Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (OJ L 150, 13.5.2020, p. 34).’

(1)

Commission Delegated Regulation (EU) 2019/411 of 29 November 2018 supplementing Directive (EU) 2015/2366 of the European Parliament and of the Council with regard to regulatory technical standards setting technical requirements on development, operation and maintenance of the electronic central register within the field of payment services and on access to the information contained therein (1) is to be incorporated into the EEA Agreement.

(2)

Commission Implementing Regulation (EU) 2019/410 of 29 November 2018 laying down implementing technical standards with regard to the details and structure of the information to be notified, in the field of payment services, by competent authorities to the European Banking Authority pursuant to Directive (EU) 2015/2366 of the European Parliament and of the Council (2) is to be incorporated into the EEA Agreement.

(3)

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

‘16ec.

32019 R 0410: Commission Implementing Regulation (EU) 2019/410 of 29 November 2018 laying down implementing technical standards with regard to the details and structure of the information to be notified, in the field of payment services, by competent authorities to the European Banking Authority pursuant to Directive (EU) 2015/2366 of the European Parliament and of the Council (OJ L 73, 15.3.2019, p. 20).

16ed.

32019 R 0411: Commission Delegated Regulation (EU) 2019/411 of 29 November 2018 supplementing Directive (EU) 2015/2366 of the European Parliament and of the Council with regard to regulatory technical standards setting technical requirements on development, operation and maintenance of the electronic central register within the field of payment services and on access to the information contained therein (OJ L 73, 15.3.2019, p. 84).’

(1)

Regulation (EU) 2017/1991 of the European Parliament and of the Council of 25 October 2017 amending Regulation (EU) No 345/2013 on European venture capital funds and Regulation (EU) No 346/2013 on European social entrepreneurship funds (1) is to be incorporated into the EEA Agreement.

(2)

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

1.

The following is added in point 31bd (Regulation (EU) No 345/2013 of the European Parliament and of the Council):

‘, as amended by:

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

Paragraphs 2 to 6 of Article 10 and point (b) of Article 13(1) shall not apply to existing managers in relation to existing qualifying venture capital funds during the terms of those funds as at the date of entry into force of Decision of the EEA Joint Committee No 214/2020 of 11 December 2020. Those managers shall ensure that they are able to justify at all times the sufficiency of their own funds to maintain operational continuity.’

2.

The following is added in point 31be (Regulation (EU) No 346/2013 of the European Parliament and of the Council):

‘, as amended by:

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

Paragraphs 2 to 6 of Article 11 and point (b) of Article 14(1) shall not apply to existing managers in relation to existing qualifying social entrepreneurship funds during the terms of those funds as at the date of entry into force of Decision of the EEA Joint Committee No 214/2020 of 11 December 2020. Those managers shall ensure that they are able to justify at all times the sufficiency of their own funds to maintain operational continuity.’